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Medical Malpractice Attorneys in Sumner
There’s no waiting period and no certification filing standing between a Washington malpractice claim and the courthouse, a genuine procedural simplification that still leaves the case’s actual merits to be proven the same way they would anywhere else. What still has to happen, proving the standard of care was breached through expert testimony at trial, is covered in the section below.
The Proper Filing Location
Claims arising from care in Sumner are filed in Pierce County Superior Court, a detail worth knowing before anything else about the process. Venue depends on where the underlying care took place, not on where the patient lives now.
Why There's No Waiting Period Before Filing
RCW 7.70.100(1) is still written into Washington’s statutes, requiring 90 days’ notice before filing, but the Washington Supreme Court ruled it unenforceable in Waples v. Yi, a 2010 decision on separation-of-powers grounds. In practice, this means filing can proceed directly, the way any Washington civil case is commenced, without a separate notice period built in ahead of it.
What's Gone at Filing, and What Isn't
Washington’s certificate-of-merit statute, RCW 7.70.150, required a qualifying expert’s signed statement filed with the complaint, before Putman v. Wenatchee Valley Medical Center, PS, 166 Wn.2d 974, 216 P.3d 374 (Wash. 2009) struck it down as an unconstitutional burden on court access. What RCW 7.70.040 still requires hasn’t gone anywhere: expert testimony establishing both the standard of care and causation, just proven over the course of the case rather than certified at the moment of filing.
How Long You Have to File in Washington
RCW 4.16.350 sets Washington’s ordinary deadline at three years from the act or omission, or one year from discovery, whichever period runs out later, not whichever comes first. An eight-year repose period is still written into RCW 4.16.350, but Bennett v. United States, decided by the Washington Supreme Court on December 7, 2023, held that clause unconstitutional, meaning the printed eight-year limit can’t actually bar a late-discovered claim.
Washington Doesn't Cap Malpractice Damages
The Washington Supreme Court’s 1989 ruling in Sofie v. Fibreboard Corp., 112 Wn.2d 636, 771 P.2d 711, struck down RCW 4.56.250’s damage cap as an unconstitutional intrusion on the jury’s constitutional function of determining damages. The legislature hasn’t reinstated a cap since, which means Washington has gone without a statutory damages ceiling since 1989, longer than either the notice or certificate-of-merit requirements have been off the books.
Sumner and Washington's Statewide Framework
The size of Sumner doesn’t change any of the requirements already covered on this page, the filing deadline, the expert-testimony requirement, and the absence of a damage cap all apply here without modification.
This isn’t the only page that might be relevant: see our network’s coverage in Lakewood.
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Frequently Asked Questions
Does RCW 7.70.100 still require advance notice before filing in Washington?
Filing can proceed without a separate notice period, following the Washington Supreme Court’s 2010 ruling in Waples v. Yi. This is one of the clearer examples of a Washington statute whose text hasn’t caught up with how it’s actually enforced.
Does filing without a certificate of merit make my Washington case weaker?
Putman v. Wenatchee Valley Medical Center, PS, 166 Wn.2d 974, 216 P.3d 374 (Wash. 2009), is the case that struck the certificate-of-merit requirement down. The distinction between a filing-stage requirement and a trial-stage requirement matters here: one is gone, the other isn’t.
Does Washington have an eight-year statute of repose for medical malpractice?
RCW 4.16.350’s discovery rule gives one year from when the injury and its cause were discovered, and the statute’s eight-year outer limit is no longer enforceable following Bennett v. United States. Because the repose clause is unenforceable but still printed in the statute, relying on an outdated summary of Washington law that treats eight years as a hard cap would be a real mistake.
What’s the current Washington medical malpractice damage cap?
RCW 4.56.250 imposed a cap starting in 1986, before the Washington Supreme Court struck it down in Sofie v. Fibreboard Corp. in 1989, and no cap has applied since. This has been the case since 1989, longer than either of Washington’s other two struck-down requirements, pre-suit notice and certificate of merit, have been off the books.
Do Sumner malpractice claims go to a special court?
In Pierce County Superior Court.
Don't Wait Until the Deadline Is the Only Option Left
