What do I need to know about the statute of repose in medical malpractice cases?

The statute of repose is an important principle to understand when it comes to medical malpractice cases in Washington. Generally, the statute of repose is a time limit for filing a lawsuit or claiming a right or remedy for an injury. In some states, the statute of repose is set at a certain number of years and in Washington, this is five years. This means that you must file a medical malpractice claim within five years of the date of the injury or act of negligence. There are some exceptions to this statute of repose. For example, if the defendant in a medical malpractice lawsuit has fraudulently concealed their negligence, the victim may be able to file a claim even if more than five years have elapsed since the injury. In addition, the statute of repose may also be extended if the victim is deemed to be a minor or mentally incompetent. In Washington, the statute of repose can be complicated because it is a comparative negligence state. This means that both the victim and the defendant can be found to be partially at fault for the injury. If the defendant is found to be more than 50% at fault, the victim will still be able to file a medical malpractice claim up to five years after the date of the injury. It is important to understand the statute of repose when it comes to medical malpractice cases in Washington. It is also important to remember that the statute of repose may be extended in certain circumstances. It is a good idea to consult with an experienced medical malpractice lawyer if you have questions about the statute of repose in your situation.

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