Revised Code of Washington
Chapter 4.24 - Special Rights of Action and Special Immunities.
4.24.290 - Action for damages based on professional negligence of hospitals or members of healing arts—Standard of proof—Evidence—Exception.

RCW 4.24.290
Action for damages based on professional negligence of hospitals or members of healing arts—Standard of proof—Evidence—Exception.

In any civil action for damages based on professional negligence against a hospital which is licensed by the state of Washington or against the personnel of any such hospital, or against a member of the healing arts including, but not limited to, an acupuncturist or acupuncture and Eastern medicine practitioner licensed under chapter 18.06 RCW, a physician licensed under chapter 18.71 RCW, an osteopathic physician licensed under chapter 18.57 RCW, a chiropractor licensed under chapter 18.25 RCW, a dentist licensed under chapter 18.32 RCW, a podiatric physician and surgeon licensed under chapter 18.22 RCW, or a nurse licensed under chapter 18.79 RCW, the plaintiff in order to prevail shall be required to prove by a preponderance of the evidence that the defendant or defendants failed to exercise that degree of skill, care, and learning possessed at that time by other persons in the same profession, and that as a proximate result of such failure the plaintiff suffered damages, but in no event shall the provisions of this section apply to an action based on the failure to obtain the informed consent of a patient.

[ 2019 c 308 § 15; 2010 c 286 § 12; 1995 c 323 § 2; 1994 sp.s. c 9 § 702; 1985 c 326 § 26; 1983 c 149 § 1; 1975 1st ex.s. c 35 § 1.]
NOTES:

Findings—2019 c 308: See note following RCW 18.06.010.


Intent—2010 c 286: See RCW 18.06.005.


Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.


Limitations of actions for injuries resulting from health care or related services: RCW 4.16.350.

Structure Revised Code of Washington

Revised Code of Washington

Title 4 - Civil Procedure

Chapter 4.24 - Special Rights of Action and Special Immunities.

4.24.005 - Tort actions—Attorneys' fees—Determination of reasonableness.

4.24.010 - Action for injury or death of child.

4.24.020 - Action by parent for seduction of child.

4.24.040 - Action for negligently permitting fire to spread.

4.24.050 - Kindling of fires by persons driving lumber.

4.24.060 - Application of common law.

4.24.070 - Recovery of money lost at gambling.

4.24.080 - Action to recover leased premises used for gambling.

4.24.090 - Validity of evidence of gambling debt.

4.24.115 - Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate or relative to a motor carrier transportation contract.

4.24.130 - Action for change of name—Fees.

4.24.140 - Action by another state to enforce tax liability.

4.24.141 - Action by another state to enforce tax liability—"Taxes" defined.

4.24.150 - Action for fines or forfeitures.

4.24.160 - Action for penalty—Amount of recovery.

4.24.170 - Judgment for penalty or forfeiture—Effect of collusion.

4.24.180 - Disposition of fines, fees, penalties and forfeitures—Venue.

4.24.190 - Action against parent for willful injury to person or property by minor—Monetary limitation—Common law liability preserved.

4.24.200 - Liability of owners or others in possession of land and water areas for injuries to recreation users—Purpose.

4.24.210 - Liability of owners or others in possession of land and water areas for injuries to recreation users—Known dangerous artificial latent conditions—Other limitations.

4.24.220 - Action for being detained on mercantile establishment premises for investigation—"Reasonable grounds" as defense.

4.24.230 - Liability for conversion of goods or merchandise from store or mercantile establishment, leaving restaurant or hotel or motel without paying—Adults, minors—Parents, guardians—Notice.

4.24.235 - Physicians—Immunity from liability regarding safety belts.

4.24.240 - Persons licensed to provide health care or related services, employees, hospitals, clinics, etc.—Professional review committee, society, examining, licensing or disciplinary board members, etc.—Immunity from civil suit.

4.24.250 - Health care provider filing charges or presenting evidence—Immunity—Information sharing.

4.24.260 - Health professionals making reports, filing charges, or presenting evidence—Immunity.

4.24.264 - Boards of directors or officers of nonprofit corporations—Liability—Limitations.

4.24.290 - Action for damages based on professional negligence of hospitals or members of healing arts—Standard of proof—Evidence—Exception.

4.24.300 - Immunity from liability for certain types of medical care.

4.24.310 - Persons rendering emergency care or transportation—Definitions.

4.24.311 - Immunity from liability for certain care or assistance at scene of emergency or disaster.

4.24.314 - Person causing hazardous materials incident—Responsibility for incident clean-up—Liability.

4.24.320 - Action by person damaged by malicious mischief to livestock or by owner damaged by theft of livestock—Treble damages, attorney's fees.

4.24.330 - Action for damages caused by criminal street gang tagging and graffiti.

4.24.340 - Liability of merchants and other parties for creating a property crime database—Information sharing.

4.24.345 - Unlawfully summoning a law enforcement officer—Civil action.

4.24.350 - Actions for damages that are false, unfounded, malicious, without probable cause, or part of conspiracy—Action, claim, or counterclaim by judicial officer, prosecuting authority, or law enforcement officer for malicious prosecution—Damages...

4.24.355 - Action by person removed from premises pursuant to RCW 9A.52.105—Damages, costs, attorneys' fees.

4.24.360 - Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.—Declared void and unenforceable—Exceptions.

4.24.370 - Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.—"Construction contract" defined.

4.24.380 - Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.—Prospective application of RCW 4.24.360.

4.24.400 - Building warden assisting others to evacuate building or attempting to control hazard—Immunity from liability.

4.24.410 - Dog handler using dog in line of duty—Immunity.

4.24.420 - Action by person committing a felony—Defense—Law enforcement activities—Actions under 42 U.S.C. Sec. 1983.

4.24.430 - Actions by persons serving criminal sentence—Waiver of filing fees—Effect of previous claims dismissed on grounds claim was frivolous or malicious.

4.24.450 - Liability of operators for nuclear incidents—Definitions.

4.24.460 - Liability of operators for nuclear incidents—Presumption of operator negligence—Rebuttal—Recovery for negligence or against other parties not limited by section.

4.24.470 - Liability of officials and members of governing body of public agency—Definitions.

4.24.480 - Liability of members of state hazardous materials planning committee and local emergency planning committees.

4.24.490 - Indemnification of state employees.

4.24.495 - Liability of public employers for deducting or receiving agency or fair share fees from public employees—Findings and declaration—Definitions.

4.24.500 - Good faith communication to government agency—Legislative findings—Purpose.

4.24.510 - Communication to government agency or self-regulatory organization—Immunity from civil liability.

4.24.520 - Good faith communication to government agency—When agency or attorney general may defend against lawsuit—Costs and fees.

4.24.530 - Limitations on liability for equine activities—Definitions.

4.24.540 - Limitations on liability for equine activities—Exceptions.

4.24.545 - Electronic monitoring or 24/7 sobriety program participation—Limitation on liability.

4.24.550 - Sex offenders and kidnapping offenders—Release of information to public—Website.

4.24.5501 - Sex offenders—Model policy—Work group.

4.24.551 - Law enforcement response to secure community transition facility—Limitation on liability.

4.24.555 - Release of information not restricted by pending appeal, petition, or writ.

4.24.556 - Sex offender treatment providers—Affiliate sex offender treatment providers—Limited liability—Responsibilities.

4.24.558 - Limitations on liability for information sharing regarding persons under court orders for supervision or treatment.

4.24.560 - Defense to action for injury caused by indoor air pollutants.

4.24.570 - Acts against animals in research or educational facilities.

4.24.575 - Acts against animals kept for agricultural or veterinary purposes.

4.24.580 - Acts against animal facilities—Injunction.

4.24.590 - Liability of foster parents.

4.24.595 - Liability immunity—Emergent placement investigations of child abuse or neglect—Shelter care and other dependency orders.

4.24.601 - Hazards to the public—Information—Legislative findings, policy, intent.

4.24.611 - Product liability/hazardous substance claims—Public right to information—Confidentiality—Damages, costs, attorneys' fees—Repeal.

4.24.630 - Liability for damage to land and property—Damages—Costs—Attorneys' fees—Exceptions.

4.24.640 - Firearm safety program liability.

4.24.660 - Liability of school districts under contracts with youth programs.

4.24.670 - Liability of volunteers of nonprofit or governmental entities.

4.24.680 - Unlawful release of court and law enforcement employee information—Exception.

4.24.690 - Unlawful release of court and law enforcement employee information—Court action to prevent.

4.24.700 - Unlawful release of court and law enforcement employee information—Damages, fees, and costs.

4.24.710 - Outdoor music festival, campground—Detention.

4.24.720 - Liability immunity—Amber alerts.

4.24.730 - Liability immunity—Disclosure of employee information to prospective employer.

4.24.740 - Liability immunity—Bovine handling activities.

4.24.750 - Monitoring of persons charged with or convicted of misdemeanors—Decisions concerning release of criminal offenders—Findings.

4.24.760 - Limited jurisdiction courts—Limitation on liability for inadequate supervision or monitoring—Definitions.

4.24.770 - Private employer not liable for injury to unauthorized third-party occupant of private employer's vehicle.

4.24.780 - Liability of fire service protection agency in providing firefighting efforts outside of jurisdiction or emergency services.

4.24.785 - Delivery or installation of detection device by fire protection service agency—Liability for civil damages.

4.24.790 - Electronic impersonation—Action for invasion of privacy.

4.24.795 - Distribution of intimate images—Liability for damages, other civil penalties—Confidentiality of the plaintiff.

4.24.800 - Liability immunity—Charitable donation of eyeglasses or hearing instruments.

4.24.810 - Liability immunity—Credentialing or granting practice privileges to health care providers responding to emergencies.

4.24.820 - Nonrecognition of foreign order—Incompatibility with public policy.

4.24.830 - Agritourism—Definitions.

4.24.832 - Agritourism—Immunity.

4.24.835 - Agritourism—Warning notice.

4.24.840 - Effect of sexual harassment or sexual assault nondisclosure agreement on discovery and witness availability.

4.24.850 - Action by victim of false reporting—Liability to a public agency.

4.24.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.