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RCW 7.70.030

Propositions required to be established—Burden of proof.

Applied in 58 court decisions — leading case 98 Wash. 2d 460 - Harbeson v. Parke-Davis, Inc. (1983)

Most recently applied in Steven Beard, V. The Everett Clinic Pllc (October 2024)

2011 c 336 s 250; 1975-'76 2nd ex.s. c 56 s 8.

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

No award shall be made in any action or arbitration for damages for injury occurring as the result of health care which is provided after June 25, 1976, unless the plaintiff establishes one or more of the following propositions:

(1) That injury resulted from the failure of a health care provider to follow the accepted standard of care;

(2) That a health care provider promised the patient or his or her representative that the injury suffered would not occur;

(3) That injury resulted from health care to which the patient or his or her representative did not consent.

Unless otherwise provided in this chapter, the plaintiff shall have the burden of proving each fact essential to an award by a preponderance of the evidence.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.