RCW 7.70.010 Declaration of modification of actions for damages based upon injuries resulting from health care. The state of Washington, exercising its police and sovereign power, hereby modifies as set forth in this chapter and in RCW 4.16.350, as now or hereafter amended, certain substantive and procedural aspects of all civil actions and causes of […]
RCW 7.70.020 Definitions. As used in this chapter “health care provider” means either: (1) A person licensed by this state to provide health care or related services including, but not limited to, an acupuncturist or acupuncture and Eastern medicine practitioner, a physician, osteopathic physician, dentist, nurse, optometrist, podiatric physician and surgeon, chiropractor, physical therapist, psychologist, […]
RCW 7.70.030 Propositions required to be established—Burden of proof. No award shall be made in any action or arbitration for damages for injury occurring as the result of health care which is provided after June 25, 1976, unless the plaintiff establishes one or more of the following propositions: (1) That injury resulted from the failure […]
RCW 7.70.040 Necessary elements of proof that injury resulted from failure to follow accepted standard of care—COVID-19 pandemic. (1) The following shall be necessary elements of proof that injury resulted from the failure of the health care provider to follow the accepted standard of care: (a) The health care provider failed to exercise that degree […]
RCW 7.70.050 Failure to secure informed consent—Necessary elements of proof—Emergency situations. (1) The following shall be necessary elements of proof that injury resulted from health care in a civil negligence case or arbitration involving the issue of the alleged breach of the duty to secure an informed consent by a patient or his or her […]
RCW 7.70.060 Consent form—Contents—Prima facie evidence—Shared decision making—Patient decision aid—Failure to use. (1) If a patient who has capacity to make health a care [a health care] decision, or his or her representative if he or she does not have the capacity to make a health care decision, signs a consent form which sets forth […]
RCW 7.70.065 Informed consent—Persons authorized to provide for patients who do not have capacity—Priority—Unaccompanied homeless minors. (1) Informed consent for health care for a patient who does not have the capacity to make a health care decision may be obtained from a person authorized to consent on behalf of such patient. For purposes of this […]
RCW 7.70.068 Informed consent—May be contained in mental health advance directive. Consent to treatment or admission contained in a validly executed mental health advance directive constitutes informed consent for purposes of this chapter. [ 2003 c 283 § 30.]
RCW 7.70.070 Attorneys’ fees. The court shall, in any action under this chapter, determine the reasonableness of each party’s attorneys fees. The court shall take into consideration the following: (1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) The […]
RCW 7.70.080 Evidence of compensation from other source. Any party may present evidence to the trier of fact that the plaintiff has already been compensated for the injury complained of from any source except the assets of the plaintiff, the plaintiff’s representative, or the plaintiff’s immediate family. In the event such evidence is admitted, the […]
RCW 7.70.090 Hospital governing bodies—Liability—Limitations. Members of the board of directors or other governing body of a public or private hospital are not individually liable for personal injuries or death resulting from health care administered by a health care provider granted privileges to provide health care at the hospital unless the decision to grant the […]
RCW 7.70.100 Mandatory mediation of health care claims—Procedures. (1) Before a superior court trial, all causes of action, whether based in tort, contract, or otherwise, for damages arising from injury occurring as a result of health care provided after July 1, 1993, shall be subject to mandatory mediation prior to trial except as provided in […]
RCW 7.70.110 Mandatory mediation of health care claims—Tolling statute of limitations. The making of a written, good faith request for mediation of a dispute related to damages for injury occurring as a result of health care prior to filing a cause of action under this chapter shall toll the statute of limitations provided in RCW […]
RCW 7.70.120 Mandatory mediation of health care claims—Right to trial not abridged. RCW 7.70.100 may not be construed to abridge the right to trial by jury following an unsuccessful attempt at mediation. [ 1993 c 492 § 421.] NOTES: Findings—Intent—1993 c 492: See notes following RCW 43.20.050. Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: […]
RCW 7.70.130 Mandatory mediation of health care claims—Exempt from arbitration mandate. A cause of action that has been mediated as provided in RCW 7.70.100 shall be exempt from any superior court civil rules mandating arbitration of civil actions or participation in settlement conferences prior to trial. [ 1993 c 492 § 423.] NOTES: Findings—Intent—1993 c […]
RCW 7.70.140 Medical malpractice closed claim reporting requirements. (1) As used in this section: (a) “Claim” has the same meaning as in RCW 48.140.010(1). (b) “Claimant” has the same meaning as in RCW 48.140.010(2). (c) “Commissioner” has the same meaning as in RCW 48.140.010(4). (d) “Medical malpractice” has the same meaning as in RCW 48.140.010(9). […]
RCW 7.70.150 Actions alleging violation of accepted standard of care—Certificate of merit required. (1) In an action against an individual health care provider under this chapter for personal injury or wrongful death in which the injury is alleged to have been caused by an act or omission that violates the accepted standard of care, the […]
RCW 7.70.160 Frivolous claims. In any action under this section [chapter], an attorney that has drafted, or assisted in drafting and filing an action, counterclaim, cross-claim, third-party claim, or a defense to a claim, upon signature and filing, certifies that to the best of the party’s or attorney’s knowledge, information, and belief, formed after reasonable […]
