Revised Code of Washington - RCW Title 7 Special Proceedings And Actions - Chapter 7.70 Actions For Injuries Resulting From Health Care

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 ...

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, ...

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 ...

7.70.040 Necessary elements of proof that injury resulted from failure to follow accepted standard of care
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 ...

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 ...

7.70.060 Consent form -- Contents -- Prima facie evidence -- Shared decision making -- Patient decision aid -- Failure to use
(1) If a patient while legally competent, or his or her representative if he or she is not competent, signs a consent form which sets ...

7.70.065 Informed consent -- Persons authorized to provide for patients who are not competent -- Priority
(1) Informed consent for health care for a patient who is not competent, as defined in RCW 11.88.010(1)(e), to consent may be obtained from a ...

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 § ...

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: ...

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 ...

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 ...

7.70.100 Mandatory mediation of health care claims -- Procedures
(1) No action based upon a health care provider's professional negligence may be commenced unless the defendant has been given at least ninety days' notice ...

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 ...

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 ...

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 ...

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 ...

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 ...

7.70.160 Frivolous claims
In any action under this section, an attorney that has drafted, or assisted in drafting and filing an action, counterclaim, cross-claim, third-party claim, or a ...