Washington
Medical Malpractice Insurance For Healthcare Providers

Washington Medical Malpractice Insurance Market Summary

Washington medical malpractice insurance is overseen by the Washington State Office of the Insurance Commissioner. Legislature enacted comprehensive health care liability reform legislation (2SHB 2292) in 2006 to oversee availability and cost of medical malpractice insurance. Physicians have continued to see a decrease in medical malpractice insurance premiums for 2010. Following the peak of the professional medical liability insurance market in 2004, medical malpractice insurance rates had continued to decrease into the 2010 calendar year.

As of 2011’s 3rd Quarter, one of the nation’s LARGEST medical malpractice insurance carriers has entered the state of Washington. This medical malpractice insurance carrier is admitted to provide coverage for Washington physicians and is approved by Washington State Office of the Insurance Commissioner (OIC). There is now an additional option for obtaining comprehensive coverage at an extremely competitive annual premium. Rates are dropping. Have you shopped your coverage for your upcoming medical malpractice insurance renewal?

Washington Medical Malpractice Insurance Carriers

Medical malpractice insurance coverage in Washington is available from admitted insurers, surplus lines insurers, and risk retention groups. The number of companies offering medical malpractice insurance in Washington has increased over the past few years. The market is currently dominated by one carrier writing over 50% of all direct written medical malpractice insurance premium. Three additional carriers makeup an additional 33% of the market-share and the remaining 17% of direct written premium is broken up over the remaining Washington admitted carriers.

Statute of Limitations

A medical malpractice action must be brought within three years of the act or omission alleged to have caused the injury or one year after the discovery of the alleged negligent act or omission, whichever period expires later. Wash. Rev. Code Ann. § 4.16.350 (West Supp. 1997). In no event may a medical malpractice action be brought later than eight years after the date of the alleged act or omission. The limitations period is tolled upon proof of fraud, intentional concealment, or the presence of a foreign object in the claimant.

Comparative Negligence

Washington has adopted pure doctrine of comparative negligence in tort cases, so that a claimant’s award is diminished in proportion to the claimant’s fault, but the claimant’s fault, no matter how great, will not act as a complete bar to recovery. Wash. Rev. Code Ann. § 4.22.005 (West 1988).

Damage Limits

The Supreme Court of Washington has held that the statutory cap on non-economic damages established by Wash. Rev. Code Ann. § 4.56.250 (West 1988) is an unconstitutional infringement of the right to trial by jury. Sofie v. Fireboard Corp., 112 Wash. 2d 636, 771 P.2d 711 (1989).