Recent Washington News
October 2023 Newsletter
Liability reform elevated to presidential debate state Earlier this month, one presidential candidate offered up a tried and true way to improve access to patient care while lowering costs for Americans — through medical liability reform. A Wall Street Journal...
Insurers Pause to Take Pulse of Medical AI
Artificial intelligence and machine learning technologies may help reduce medical errors and improve patient outcomes, but their use in health care raises liability concerns and questions around medical malpractice risks. Insurers are not yet restricting...
Washington’s high court considers new meaning for informed consent
SOURCE: American Medical Association Imagine having to tell every parent who brings in a child with an earache that meningitis is a possibility, then offering them the option to test. A court case before the Washington Supreme Court could create a new meaning of...
Current Medical Liability Laws
| Damage Caps | None |
| Joint Liability Reform | If the claimant is at fault, defendants are responsible only for their proportionate share of negligence, except where parties act in concert or where a person was acting as an agent or servant of the party. If the claimant is not at fault, defendants are jointly and severally liable. |
| Collateral Source Reform | Yes. 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 plaintiff may present evidence of an obligation to repay such compensation and evidence of any amount paid by the plaintiff, or his or her representative or immediate family, to secure the right to the compensation. |
| Attorney Fees Limited | Court shall determine the reasonableness of each party’s attorneys’ fees. |
| Periodic Payments Permitted | Yes. Any party may request periodic payments, and the court must order such payments if future economic damages exceed $100,000. |