How long cand I file a medical malpractice claim in washington state

Asked over 4 years ago - Yakima, WA

I had some surgical glue put in my brain and some how its mow in my right lung. How long do I have until I cant file a medical malpractice claim?

Attorney answers (1)

  1. Ashley A Richards


    Contributor Level 6

    Answered . Generally you have three years from the date of the negligent act to file a claim in WA. However, in medical malpractice claims, if you only learned of the issue recently, you have 1 year from the date you learn of the negligence to bring a claim. Depending on the facts of your situation, it is not clear if you would have a claim or not as medical negligence claims require proving a breach of the standard of care caused your harm. You may want to contact an attorney to have your medical records and facts reviewed if you are still within the three years, or within one year from learning of the harm. Since you mentioned your brain, if were incapacitated mentally for any period of time, this can also toll the statute out longer. Again, it would require careful review by an attorney if you are beyond the three year statute of limitations to determine if you meet the requirements to be able to bring a claim now.

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