Legal Opinion · Concurrence

Fast v. Kennewick Public Hospital District

Washington Supreme Court

Decided November 17, 2016No. 92216-1Published

1ConcurrenceMadsen, C.J.

¶32 I agree with the majority that the broad language of the medical negligence statute of limitation (MNSOL), RCW 4.16.350,15 and the modification of actions provisions found in RCW 7.70.01016 compel application of the MNSOL on the claim for death of a child here. I write separately to emphasize the limited scope of the decision in this case.

¶33 The present wrongful death claim, brought under the child death statute, RCW 4.24.010,17 is based on alleged medical negligence. By its terms, the MNSOL applies to “[a]ny civil action” where damages for injury are alleged “as a result of health…

2Cases cited12 opinions

  1. Beal v. City of SeattleWashington Supreme Court · 1998
  2. Beal for Martinez v. City of SeattleWashington Supreme Court · 1998
  3. White v. Johns-Manville Corp.Washington Supreme Court · 1985
  4. Johnson v. OttomeierWashington Supreme Court · 1954
  5. Atchison v. Great Western Malting Co.Washington Supreme Court · 2007

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