Washington · Medical Malpractice
Washington medical malpractice damage caps and statute of limitations
Refreshed 2026. Cap ruled unconstitutional damage cap. 3 years from act OR 1 year from discovery, whichever is later. Full breakdown below.
Damage caps
No statuteNon-economic damages cap
None
Total damages cap
None
Status
unconstitutional
Notes
Cap ruled unconstitutional in Sofie v. Fibreboard Corp. (1989) as violating jury trial right. First state to void a damages cap.
Statute of limitations
WA Rev. Code § 4.16.350Standard SOL
3 years from act OR 1 year from discovery, whichever is later
Discovery rule
Yes; 1 year from discovery provides extension beyond 3-year standard
Statute of repose
8 years from act or omission (constitutionality questioned per Bennett v. United States)
Minor exception
For children under 6: SOL extended until child's 8th birthday. Standard tolling for older minors.
Wrongful death SOL
3 years from date of death
Notes
Bennett v. United States (WA Supreme Court) held 8-year repose may violate state constitution in some applications. Certification of merit required.
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Washington med-mal FAQ
What is the medical malpractice statute of limitations in Washington?+
3 years from act OR 1 year from discovery, whichever is later. Yes; 1 year from discovery provides extension beyond 3-year standard Statute of repose: 8 years from act or omission (constitutionality questioned per Bennett v. United States). Wrongful death: 3 years from date of death. Bennett v. United States (WA Supreme Court) held 8-year repose may violate state constitution in some applications. Certification of merit required. Source: WA Rev. Code § 4.16.350.
Does Washington have a medical malpractice damage cap?+
No active cap. Cap ruled unconstitutional in Sofie v. Fibreboard Corp. (1989) as violating jury trial right. First state to void a damages cap.
How does Washington handle the discovery rule in med-mal cases?+
Yes; 1 year from discovery provides extension beyond 3-year standard
What is the Washington minor exception for medical malpractice?+
For children under 6: SOL extended until child's 8th birthday. Standard tolling for older minors.
What is the wrongful death statute of limitations for Washington medical malpractice?+
3 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Washington damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Washington attorney before relying on a deadline. Data refreshed May 2026.