RCW 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 June 25, 1976, unless the plaintiff establishes one or more of the following propositions:
(1) That injury resulted from the failure of a health care provider to follow the accepted standard of care;
(2) That a health care provider promised the patient or his or her representative that the injury suffered would not occur;
(3) That injury resulted from health care to which the patient or his or her representative did not consent.
Unless otherwise provided in this chapter, the plaintiff shall have the burden of proving each fact essential to an award by a preponderance of the evidence.
[ 2011 c 336 § 250; 1975-'76 2nd ex.s. c 56 § 8.]
NOTES:
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.
Structure Revised Code of Washington
Title 7 - Special Proceedings and Actions
Chapter 7.70 - Actions for Injuries Resulting From Health Care.
7.70.030 - Propositions required to be established—Burden of proof.
7.70.050 - Failure to secure informed consent—Necessary elements of proof—Emergency situations.
7.70.068 - Informed consent—May be contained in mental health advance directive.
7.70.080 - Evidence of compensation from other source.
7.70.090 - Hospital governing bodies—Liability—Limitations.
7.70.100 - Mandatory mediation of health care claims—Procedures.
7.70.110 - Mandatory mediation of health care claims—Tolling statute of limitations.
7.70.120 - Mandatory mediation of health care claims—Right to trial not abridged.
7.70.130 - Mandatory mediation of health care claims—Exempt from arbitration mandate.
7.70.140 - Medical malpractice closed claim reporting requirements.
7.70.150 - Actions alleging violation of accepted standard of care—Certificate of merit required.