H-4156              _______________________________________________

                                                   HOUSE BILL NO. 1858

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Armstrong and Hargrove

Read first time 1/23/86 and referred to Committee on Judiciary.

AN ACT Relating to the limitation of actions arising at birth or during prenatal care; and amending RCW 4.16.350.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 1, chapter 80, Laws of 1971 as amended by section 1, chapter 56, Laws of 1975-'76 2nd ex. sess. and RCW 4.16.350 are each amended to read as follows:

          Any civil action for damages for injury occurring as a result of health care which is provided after June 25, 1976 against:

          (1) A person licensed by this state to provide health care or related services, including, but not limited to, a physician, osteopathic physician, dentist, nurse, optometrist, podiatrist, chiropractor, physical therapist, psychologist, pharmacist, optician, physician's assistant, osteopathic physician's assistant, nurse practitioner, or physician's trained mobile intensive care paramedic, including, in the event such person is deceased, his estate or personal representative;

          (2) An employee or agent of a person described in subsection (1) of this section, acting in the course and scope of his employment, including, in the event such employee or agent is deceased, his estate or personal representative; or

          (3) An entity, whether or not incorporated, facility, or institution employing one or more persons described in subsection (1) of this section, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, employee, or agent thereof acting in the course and scope of his employment, including, in the event such officer, director, employee, or agent is deceased, his estate or personal representative;

based upon alleged professional negligence shall be commenced within three years of the act or omission alleged to have caused the injury or condition, or one year of the time the patient or his representative discovered or reasonably should have discovered that the injury or condition was caused by said act or omission, whichever period expires later, except that in no event shall an action be commenced more than eight years after said act or omission.  Any action not commenced in accordance with this section shall be barred((:  PROVIDED, That the limitations in this section shall not apply to persons under a legal disability as defined in RCW 4.16.190)).

(4)(a) Except as provided in (b) of this subsection, the limitations in this section shall not apply to persons under a legal disability as defined in RCW 4.16.190;

(b) An action based on alleged professional negligence in the treatment of a person during that person's birth or the prenatal treatment relating to the birth shall be subject to the limitations of this section without regard to a legal disability as defined in RCW 4.16.190.