Yes. The deadline to file varies depending on when the injury was discovered. Here are examples:
1. Immediate Discovery of Malpractice
- Example: A patient has surgery on January 1, 2020. The surgeon mistakenly leaves a sponge inside their body.
- The patient experiences pain and a second doctor discovers the sponge on March 1, 2020.
- Deadline to file: The lawsuit must be filed within three years of the surgery (January 1, 2023) because the injury was discovered shortly after the surgery.
2. Delayed Discovery of Malpractice
- Example: A patient is misdiagnosed on June 15, 2018. They don’t realize the mistake until another doctor makes the correct diagnosis in July 2022.
- Deadline to file: The patient has one year from discovery (July 2023) to file.
3. Medical Malpractice Involving Minors
- Example: A child suffers a birth injury on May 1, 2015, but doctors do not diagnose the injury until 2022.
- Deadline to file: In Washington, minors have until their 21st birthday to file a lawsuit. In this case, the child has until May 1, 2036 to bring a claim.
Exceptions: Certain exceptions may apply, including cases involving fraudulent concealment by healthcare providers or situations where the minor is legally incapacitated. Consulting with an attorney can help determine if an exception applies to your case.
