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★ Washington · medical negligence

Medical negligence settlements
in Washington.

By Reviewed by Abd Shanti, Founder9 min read

Washington malpractice claims have no cap on damages, and in 2023 the Supreme Court struck down the eight year outer limit for filing. A hospital paid for an infant’s brain damage with a $9 million verdict, and a patient who lost both legs to frostbite won a new trial.

Facts that decide a medical negligence claim in Washington

Filing deadlineThree years from the act or omission, or one year from when the patient discovered or reasonably should have discovered the cause, whichever expires later.RCW 4.16.350
Eight year repose limitThe eight year statute of repose in RCW 4.16.350(3), as enacted in 2006, violates the state privileges and immunities clause.Bennett v. United States (Wash. 2023)
No damages capThe 1986 limit on noneconomic damages violated the right to a jury, which the constitution protects as inviolate.Sofie v. Fibreboard Corp. (Wash. 1989)
Fault rulePure comparative fault: your own fault “diminishes proportionately the amount awarded as compensatory damages … but does not bar recovery.”RCW 4.22.005
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★ WA · reported medical negligence outcomes

What Washington courts have awarded.

Real Washington decisions and verdicts, each linked to the court record or official report.

  • Adcox v. Children’s Orthopedic Hospital
    Supreme Court of Washington · 1993
    $9,085,096 to the child plus $1,250,000 to his mother

    In 1984 a 12 week old boy was hospitalized for heart surgery. After a cardiac catheterization he stopped breathing, infant formula was found in his trachea, and he suffered severe brain damage; he will never walk and needs lifelong care. The jury found the hospital’s nursing care negligent and awarded $9,085,096 to the boy and $1,250,000 to his mother, and the Supreme Court upheld the finding that her suit was timely.

  • Needham v. Dreyer
    Washington Court of Appeals · 2019
    Defense verdict reversed; new trial

    On 28 December 2012 James Needham told his doctor’s office he had trouble breathing, but the doctor treated only his other active problems. Four days later he was found unconscious in a cabin and developed frostbite that led to the amputation of both legs. The jury found for the doctor, but the Court of Appeals ordered a new trial because the jury got an exercise of judgment instruction and heard prejudicial evidence of his drinking that day.

★ WA · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Washington.

  1. 1

    Late discovery no longer means a lost case after eight years. Bennett removed that outer limit for the 2006 statute.

  2. 2

    Nursing care counts. Adcox’s verdict rested on the nurses’ failure to act on the baby’s condition.

  3. 3

    Watch the jury instructions. Needham won a new trial because the judgment instruction did not fit a doctor who never addressed the symptom.

★ WA · statute of limitations
3 years from date of injury

RCW § 4.16.080

★ WA · fault rule
Pure comparative negligence

Pure comparative negligence under RCW 4.22.005.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Washington's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Washington · you are herePure comparative negligence3 years from date of injury—
WyomingModified comparative, 51% bar4 years from date of injuryWY · medical negligence →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · medical negligence →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · medical negligence →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · medical negligence →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · medical negligence →
IdahoModified comparative, 50% bar2 years from date of injuryID · medical negligence →
ArizonaPure comparative negligence2 years from date of injuryAZ · medical negligence →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · medical negligence →
MississippiPure comparative negligence3 years from date of injuryMS · medical negligence →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · medical negligence →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · medical negligence →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · medical negligence →
★ WA · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Your medical negligence claim in Washington. See the number for your own case.

FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

Check my case

Sources

Checked 2026-09-29.

★ all of WA
Washington overview

Fault rule, statute, caps, and key facts for Washington as a whole.

★ national frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Washington. See /methodology, /sources, and /disclaimer.