Legal Opinion

Winbun v. Moore

Court of Appeals of Washington

Decided August 30, 1999No. 42992-2-IPublishedCited by 3 opinions

1Opinion of the CourtKennedy, C.J.

Under RCW 4.16.350(3), a professional negligence claim against a health care provider—absent “proof of fraud, intentional concealment, or a foreign body not intended to have a therapeutic or diagnostic purpose or effect”—must be brought (1) within three years of the alleged injury-causing act or omission, or (2) within one year from the time the plaintiff discovers or with due diligence reasonably should have discovered that the injury was caused by the act or omission, whichever is later. In this case, it is undisputed that Gail Winbun and her husband did not file their cause of action…

2Cases cited18 opinions

  1. Industrial Indem. Co. of Northwest, Inc. v. KallevigWashington Supreme Court · 1990
  2. Kansa Reinsurance Co., Ltd. v. Congressional Mortg. Corp. of TexasCourt of Appeals for the Fifth Circuit · 1994
  3. Adcox v. Children's Orthopedic Hospital & Medical CenterWashington Supreme Court · 1993
  4. Ruth v. DightWashington Supreme Court · 1969
  5. Flowers v. WalkerOhio Supreme Court · 1992

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3Cited by3 opinions

  1. Winbun v. MooreWashington Supreme Court · 2001
  2. Winbun v. MooreWashington Supreme Court · 2001
  3. Winbun v. MooreWashington Supreme Court · 2001

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