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State Solutions

Health Justice Transformation - Washington

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

None

Joint Liability for Multiple Defendants

If the plaintiff is at fault, defendants are responsible only for their proportional share of negligence, with certain exceptions.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes. Any party may present evidence to the court that the plaintiff has already been compensated for the injury.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes. Any party may request periodic payments, and the court must order such payments if future damages exceed $100,000.

Limitation of Plaintiff’s Attorneys Fees

Court shall determine the reasonableness of each party's attorney's fees.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Mediation is mandatory. A voluntary binding arbitration system is available where all parties to the suit agree to arbitration after the suit is filed. The arbitration is subject to a $1 million limit on damages.

Standards for Expert Testimony/Witness
Expert testimony is often but not always required to establish a deviation from the applicable standard of care and that the defendant's negligence cause the injury. Cases where such testimony is not required include foreign object cases and cases where the conduct of the defendant is so grossly negligent that a lay person could easily recognize it.
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