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Kent Medical Malpractice Lawyer
Find out why we have one of the best Kent medical malpractice law firms
Washington is one of the most patient-favorable medical malpractice states in the country. There is no cap on non-economic damages, no certificate-of-merit requirement, and an established framework under RCW 7.70 that governs every malpractice claim filed in this state.
What that means in practical terms: if a Kent doctor, hospital, surgeon, anesthesiologist, or nurse caused your injury through negligence, Washington law gives you a real path to full compensation. The challenge is not the legal framework. It is the speed at which evidence disappears and the speed at which the hospital's insurance team mobilizes against you.
Goldberg & Loren represents medical malpractice victims throughout the State of Washington on a pure contingency basis. The first consultation is free. There is no fee unless we obtain a recovery for you.
Free Kent and King County consultation, fully confidential
Call (253) 336-5664Calls answered for Kent and all of King County. Our team handles Washington medical negligence cases regularly and works with regional medical experts in every active case.
Washington Medical Malpractice Law at a Glance
The Framework That Decides Your Case
All Washington medical negligence claims arise under RCW 7.70. The patient must prove that the provider failed to follow the standard of care, that the failure caused the injury, and that the injury produced damages. This is the standard the jury is asked to apply.
Washington has no statutory cap on non-economic damages and no certificate-of-merit requirement. Both restrictions were struck down by the Washington Supreme Court as unconstitutional. This makes Washington one of the few states where a serious injury can be fully valued by a jury.
RCW 7.70.030 Causes of Action
Washington recognizes three theories: failure to follow the accepted standard of care, treatment without informed consent, and breach of a provider's express promise that the injury suffered would not occur. Most cases proceed on the standard-of-care theory.
RCW 7.70.040 Elements of Proof
The patient must prove the provider failed to exercise the degree of skill, care, and learning expected of a reasonably prudent provider in the same field, and that this failure was a proximate cause of the injury.
RCW 7.70.050 Informed Consent
A provider has a duty to disclose material risks, alternatives, and the likely outcome of not treating. Failure to obtain informed consent is its own cause of action independent of the standard-of-care claim.
RCW 4.16.350 Statute of Limitations
Three years from the act or omission, or one year from the date the injury was reasonably discovered, whichever is later. An outer 8-year statute of repose under RCW 4.16.350 caps most claims. Fraud, intentional concealment, or a retained foreign object can each extend the deadline to one year from discovery. For a child, the statute can impute a custodial parent's or guardian's knowledge, so the usual minority tolling may not apply. Have any pediatric or late-discovered case reviewed promptly.
RCW 7.70.100 Mediation Procedures
RCW 7.70.100 is titled mandatory mediation of health care claims and directs that claims be subject to mediation before trial. Companion 1993 prerequisites, the certificate of merit and a pre-suit notice rule, were later held unconstitutional, and mediation timing now runs largely through court rule. Effective mediation requires the same expert witnesses, the same chronology, and the same damages model that would be used at trial.
RCW 4.22.005 / 4.22.070 Pure Comparative Fault
Washington uses pure comparative fault. Even if you bear partial responsibility for the bad outcome (for example, by not following discharge instructions), your recovery is reduced but not barred.
Why Washington Is a Plaintiff-Favorable Malpractice State
Two Washington Supreme Court decisions changed the malpractice landscape and shaped every case filed since. They are worth understanding because they directly affect the value of your claim.
Sofie v. Fibreboard Corp., 112 Wn.2d 636 (1989) held that statutory caps on non-economic damages violate the constitutional right to a jury trial. A Washington jury is entitled to set the value of pain, suffering, disability, and loss of enjoyment of life, with no artificial ceiling imposed by the legislature.
Putman v. Wenatchee Valley Medical Center, 166 Wn.2d 974 (2009) struck down RCW 7.70.150, which had required plaintiffs to file an expert certificate of merit at the start of every malpractice case. The court held the requirement unconstitutionally restricted access to courts.
The practical result of these two decisions is that Washington patients can pursue serious malpractice claims without procedural hurdles that exist in other states, and a jury can fully value the injury.
Most Common Malpractice Cases We See in Kent
Surgical Errors
Wrong-site surgery, retained foreign objects, nerve damage, anesthesia overdose, and post-operative infection at Valley Medical Center, MultiCare Auburn, Harborview, or area surgical centers.
Birth Injuries
Failure to monitor fetal distress, delayed C-section, brachial plexus injuries, oxygen deprivation, and HIE diagnoses. Birth injury cases involve specialized timing rules for the child.
Misdiagnosis & Delayed Diagnosis
Missed cancer, missed heart attack, missed stroke, missed sepsis, and missed pulmonary embolism in emergency departments and primary care. Delayed-diagnosis cases turn on the discovery rule.
Medication Errors
Wrong medication, wrong dose, dangerous drug interactions, and pharmacy fill errors. These cases often involve a chain of responsibility across prescribing provider, hospital, and pharmacy.
Anesthesia Errors
Failure to monitor vitals, dose miscalculation, intubation injury, awareness under anesthesia, and post-operative hypoxic injury. Anesthesia cases require specialized expert review.
Hospital Infections & Sepsis
Preventable HAIs, MRSA, C. difficile, and sepsis missed in the emergency department or post-surgical floor. Documentation gaps drive these cases as much as clinical decisions.
Emergency Room Errors
Triage failures, premature discharge, EMTALA violations, and missed time-critical conditions. ER cases are evaluated against the ED standard of care, not the specialist standard.
Nursing Home Neglect
Pressure ulcers, falls, dehydration, malnutrition, and medication mismanagement in skilled nursing facilities. These cases overlap with Washington's Vulnerable Adult Protection statutes.
What to Do If You Suspect Medical Malpractice
The first 30 days after you realize something went wrong shape both the medical follow-up and the strength of any later civil claim. The sequence below is what we walk Kent callers through every week.
Get a Second Opinion from an Unrelated Provider
If you are still being treated by the provider you believe caused harm, seek a second opinion from a different hospital system or specialist immediately. Your continued care is more important than the legal case.
Request Your Complete Medical Records
Washington patients have a statutory right to their own medical records. Request the complete chart, including nursing notes, imaging, lab results, anesthesia records, and any incident reports. Do not accept a summary.
Write Down a Timeline While It Is Fresh
Names, dates, what was said, what was promised, who was in the room. Memory degrades fast and the records will not capture verbal exchanges. A contemporaneous timeline often proves decisive.
Do Not Sign Anything from the Hospital
Hospitals often offer "compassionate resolution" agreements after a known adverse event. Some of these contain liability releases. Do not sign anything labeled release, settlement, waiver, or arbitration agreement without legal review.
Preserve Physical Evidence
Surgical drains, casts, devices, prescription bottles, and discharge paperwork. If a device is implanted, ask the surgeon to preserve any explanted hardware. These are exhibits.
Do Not Post About It on Social Media
Defense attorneys routinely scrape claimant social media. Posts about the outcome, your recovery, or the provider can be used to argue inconsistency or minimize damages.
Call a Washington Medical Malpractice Attorney
Medical malpractice cases require expert review by a specialist in the same field as the defendant. We engage the right expert at the start, not at the eve of mediation when value is being set.
If you are in active medical crisis. Call 911 or go to the nearest emergency room. Severe complications, signs of stroke, sepsis, or post-surgical decline are medical emergencies. Document what happens, but seek care first. Legal questions can wait.
The Expert Witness Problem (and How We Solve It)
Every Washington medical malpractice case rises or falls on expert testimony. The plaintiff must produce a qualified expert in the same specialty as the defendant who is willing to testify that the standard of care was breached and that the breach caused the injury.
Finding that expert is harder than it sounds. Many practicing physicians refuse to testify against colleagues. Expert review at the front end of a case is what determines whether the case proceeds, what specialty the defense will hire from, and what damages model holds up at mediation.
Goldberg & Loren engages qualified experts at intake rather than at the eve of mediation. This is the most consequential investment the firm makes in any medical case and it is funded entirely on contingency.
Table of Contents
Kent Practice Areas
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Car Accidents
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Dog Bites
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Motorcycle Accidents
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Personal Injury
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Truck Accidents
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Wrongful Death
What Your Kent Medical Malpractice Case May Be Worth
Compensation in a Washington medical malpractice case falls into three categories: economic damages, non-economic damages, and (in qualifying cases) damages for the wrongful death of a family member.
Economic damages
- Past medical expenses including corrective surgery, extended hospital stays, and rehabilitation
- Future medical care including lifetime care for catastrophic injuries (HIE, paralysis, brain injury)
- Lost wages and lost earning capacity, including for self-employed patients
- Home modifications, durable medical equipment, and in-home nursing
- Caregiving costs for family members who reduce hours or leave employment to care for the patient
Non-economic damages
- Pain and suffering from the original injury and the corrective treatment
- Disability and disfigurement, including surgical scarring and lost function
- Loss of enjoyment of life, including activities the patient can no longer do
- Mental anguish, post-traumatic stress, and loss of trust in medical providers
- Loss of consortium for the spouse or family of a seriously injured patient
No fee unless we recover. Goldberg & Loren handles every Washington medical malpractice case on contingency, including the cost of the medical experts required to bring the case. No retainer, no investigation cost, no fee unless we obtain a settlement or verdict for you.
Kent and King County Local Context
Kent residents receive care primarily from Valley Medical Center in Renton, MultiCare Auburn Medical Center, Virginia Mason Franciscan Health (St. Anne Hospital, formerly Highline Medical Center, in Burien), and Harborview Medical Center in Seattle for trauma and specialty care. Kaiser Permanente Washington (formerly Group Health Cooperative) also serves the area.
Cases tied to care in south King County are typically filed at the Maleng Regional Justice Center at 401 Fourth Avenue North in Kent. Cases involving Seattle-based hospitals may be filed at the King County Courthouse in downtown Seattle.
Surrounding communities we serve include Auburn, Renton, Federal Way, Tukwila, Des Moines, Burien, SeaTac, Maple Valley, and Covington. Our team also handles Tacoma-area cases and Pierce County matters.
Why Kent Patients Choose Goldberg & Loren
Aggressive trial attorney with over 20 years of practice. Represents Washington medical negligence victims with a focus on surgical error, birth injury, and delayed-diagnosis cases.
Opened the firm in 1994 and has practiced personal injury and medical negligence law for over three decades. Leads complex hospital, insurer, and multi-provider liability cases.
- Expert engagement at intake. We secure the right specialist expert at the start of every viable case, not at the eve of mediation.
- Mediation strategy. Washington requires good-faith mediation, and the firm builds the case for mediation the same way it builds for trial.
- Hospital-system experience. Cases against UW Medicine, MultiCare, Providence, and Kaiser Permanente Washington require specific knowledge of each system's defense pattern.
- Pure contingency. No retainer, no investigation cost, expert fees advanced by the firm, no fee at all unless we recover.
Frequently Asked Questions
How Long Do I Have to File a Kent Medical Malpractice Claim?
Three years from the date of the act or omission, or one year from the date you reasonably discovered the injury and its connection to the medical care, whichever is later, under RCW 4.16.350. Adult claims remain subject to an outer 8-year statute of repose. Pediatric cases, retained foreign objects, and government-employed providers have separate timing rules.
Is There a Cap on Damages in Washington Medical Malpractice Cases?
No. The Washington Supreme Court struck down the statutory cap on non-economic damages as unconstitutional in Sofie v. Fibreboard Corp., 112 Wn.2d 636 (1989). A jury is entitled to value pain, suffering, disability, and loss of enjoyment of life without an artificial ceiling.
Do I Need a Certificate of Merit to File in Washington?
No. The certificate-of-merit requirement was struck down as unconstitutional in Putman v. Wenatchee Valley Medical Center, 166 Wn.2d 974 (2009). You do not need to file a sworn expert certificate at the start of your case. Expert testimony is still required to win, just not as a filing precondition.
What Is the Standard of Care?
Under RCW 7.70.040, a provider must exercise the degree of skill, care, and learning expected of a reasonably prudent practitioner in the same profession or specialty under similar circumstances. A breach of that standard, combined with proof that the breach caused your injury, supports a malpractice claim.
How Are Medical Experts Paid in These Cases?
At Goldberg & Loren, expert witness fees are advanced by the firm and recovered only if your case settles or wins. You pay nothing for expert review at any stage of the case.
Can I Sue If My Child Was Injured at Birth?
Yes. Birth injury cases including HIE, brachial plexus injury, and delayed C-section are among the most consequential Washington medical malpractice claims. Pediatric cases follow distinct timing rules under RCW 4.16.350, so confirm your child's deadline with counsel as early as possible.
What If the Hospital Offered a "Compassionate Resolution"?
Do not sign anything described as a release, waiver, settlement, or arbitration agreement without legal review. Hospitals sometimes offer early payment in exchange for a complete release of future claims, which can foreclose recovery for catastrophic ongoing damages.
What About Mandatory Mediation in Washington?
Washington requires good-faith mediation in medical malpractice cases under RCW 7.70.100 before the case can proceed to trial. Most cases settle at or shortly after mediation. Preparation for mediation looks the same as preparation for trial.
How Much Does It Cost to Hire Goldberg & Loren?
Nothing up front. We work entirely on contingency, including the cost of medical experts required to evaluate and prosecute the case. You pay only if we obtain a settlement or verdict for you.
How Long Will My Kent Medical Malpractice Case Take?
Most Washington medical malpractice cases run 18 to 36 months from intake to resolution. Birth injury cases and cases involving multiple providers or institutional defendants typically run longer. Cases that go to trial take longer still.
Talk to a Kent Medical Malpractice Lawyer Today
Free. Confidential. No fee unless we recover.
Free Case Review Call (253) 336-5664Goldberg & Loren · 21620 84th Ave S, Ste 201 D, Kent, WA 98032
This page is intended for general information only and does not constitute legal advice. An attorney-client relationship is created only by signed engagement. Past results do not guarantee future outcomes. Washington statutes and case law are summarized; actual application depends on the facts of your case. If you are in active medical crisis, call 911.
Senior Partner, Goldberg & Loren | Member, Oregon State Bar | Serving clients since 1994 | 30+ years, 20,000+ cases, 98% success rate
Last updated: May 27, 2026
Goldberg & Loren Personal Injury Attorneys
21620 84th Ave S, Ste 201 D
Kent, WA 98032
(253) 336-5664
For most survivors, the hardest part of a case isn't the evidence — it's the decision to speak. When you're ready, our job is to carry the legal weight, guard your privacy, and make the people and institutions that failed you answer for it. You set the pace; we handle the fight.
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