Chapter 7.70 RCW

ACTIONS FOR INJURIES RESULTING FROM HEALTH CARE

Sections

7.70.010Declaration of modification of actions for damages based upon injuries resulting from health care.
7.70.020Definitions.
7.70.030Propositions required to be establishedBurden of proof.
7.70.040Necessary elements of proof that injury resulted from failure to follow accepted standard of care.
7.70.050Failure to secure informed consentNecessary elements of proofEmergency situations.
7.70.060Consent formContentsPrima facie evidenceShared decision makingPatient decision aidFailure to use.
7.70.065Informed consentPersons authorized to provide for patients who are not competentPriority.
7.70.068Informed consentMay be contained in mental health advance directive.
7.70.070Attorneys' fees.
7.70.080Evidence of compensation from other source.
7.70.090Hospital governing bodiesLiabilityLimitations.
7.70.100Mandatory mediation of health care claimsProcedures.
7.70.110Mandatory mediation of health care claimsTolling statute of limitations.
7.70.120Mandatory mediation of health care claimsRight to trial not abridged.
7.70.130Mandatory mediation of health care claimsExempt from arbitration mandate.
7.70.140Medical malpractice closed claim reporting requirements.
7.70.150Actions alleging violation of accepted standard of careCertificate of merit required.
7.70.160Frivolous claims.

NOTES:

Complaint in personal injury actions not to include statement of damages: RCW 4.28.360.
Evidence of furnishing or offering to pay medical expenses inadmissible to prove liability in personal injury actions for medical negligence: Chapter 5.64 RCW.
Immunity of members of professional review committees, societies, examining, licensing or disciplinary boards from civil suit: RCW 4.24.240.
Malpractice insurance for retired physicians providing health care services: RCW 43.70.460.
Statute of limitations in actions for injuries resulting from health care: RCW 4.16.350.
Verdict or award of future economic damages in personal injury or property damage action may provide for periodic payments: RCW 4.56.260.
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