Winbun v. Moore

Talmadge, J.*

(dissenting) — I dissent in this case because the majority lends further confusion to when a civil cause of action in Washington accrues for purposes of a discovery *224rule associated with a statute of limitations. Moreover, the majority gives short shrift to numerous Washington cases that have addressed and resolved the issue of when a person should have known of the existence of a cause of action. The discovery rule in RCW 4.16.350 is intended to strike a balance between the needs of patients to obtain legal relief for the later discovered consequences of medical malpractice and…