Medical malpractice can be life-altering; physically, emotionally, and financially. When a healthcare provider’s negligence causes harm, Washington law may allow you to seek compensation. But there’s a catch. There are strict deadlines and if you miss them, you can lose your right to bring a claim altogether.

This guide explains how long you have to file a medical malpractice lawsuit in Tacoma and throughout Washington State, the key exceptions to the rule, and why acting early matters.

Washington State Statute of Limitation for Medical Malpractice

In Washington, the standard statute of limitations for medical malpractice is three years from the date the negligent act occurred.

For example, if a medical error happened on January 1, 2024, you generally must file your lawsuit by January 1, 2027.

How Does The Discovery Rule Affect Your Medical Malpractice Claim

Some medical injuries don’t appear right away. Washington’s “discovery rule” accounts for that. Under this rule, you may also have one year from the date you discovered or reasonably should have discovered that the injury was caused by medical malpractice.

For instance, if a surgical error isn’t detected until years later, the discovery rule can extend your filing deadline, but only for one year after discovery.

Which Deadline Applies?

You must file your lawsuit by the later of:

  • Three years from the date of the negligent act, or
  • One year from the date you discovered (or should have discovered) the injury.

The discovery rule can provide extra time but it does not allow unlimited delay.

Is There a Statute of Repose?

Some states impose an absolute cutoff called a “statute of repose,” which bars claims after a set number of years regardless of discovery.

Washington previously had an eight-year statute of repose for medical malpractice. However, in 2023, the Washington Supreme Court ruled that this eight-year cutoff is unconstitutional under the state constitution.

What that means now:

There is no enforceable absolute deadline beyond the three-year and one-year discovery rules.

In practical terms, you must still file a personal injury lawsuit by the later of:

  • Three years from the negligent act, or
  • One year from discovery of the injury.

Special Rules for Minors

When the injured patient is a minor (under 18), Washington law provides additional protection.

In most cases:

  • The statute of limitations does not begin to run until the child turns 18.

As a result, many minors effectively have until at least their 21st birthday to file a medical malpractice claim. This rule recognizes that children often cannot identify or act on medical harm until adulthood.

Other Circumstances That Can Extend the Deadline

Certain situations may pause (“toll”) the statute of limitations, including:

  • Fraudulent concealment: If a provider actively hides the malpractice, the clock may not start until the injury is actually discovered.
  • Legal incapacity or disability: If the injured person is unable to understand or participate in legal proceedings.

These exceptions are narrowly applied and typically require strong evidence and legal argument.

Why Acting Early Is Critical

Even if you believe you have plenty of time, waiting can seriously weaken your case:

  • Medical records can be lost or altered
  • Witness memories fade
  • Experts become harder to retain
  • Insurers are more aggressive with older claims

Speaking with an experienced medical malpractice attorney early helps preserve evidence, protect your rights, and ensure no deadline is missed.

What You Need to Know About Washington’s Medical Malpractice Filing Deadline

In Washington State, the general rule is that a medical malpractice lawsuit must be filed by the later of:

  • Three years from the date of the negligent act, or
  • One year from when you knew or reasonably should have known about the injury.

Although an eight-year cutoff still appears in the statute, it is no longer enforceable following recent Washington Supreme Court decisions.

Because these rules can be complex and the consequences of missing a deadline are severe, consulting a qualified attorney as soon as possible is often the safest course.