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FAST v. KENNECWICK PUBLIC HOSP. DIST.

No. 92216-1.

384 P.3d 232 (2016)

Shane FAST, Jamie Fast, the marital community comprised thereof, Robert Dalton Fast, and the estate thereof, Petitioners, v. KENNECWICK PUBLIC HOSPITAL DISTRICT d/b/a Kennecwick General Hospital and d/b/a Mid-Columbia Women's Health Center, a Washington public hospital district organized as a government entity, municipal, or quasi-municipal corporation; Adam T. Smith, D.O., individually and for the marital community with spouse or registered domestic partner Jane Doe Smith; Gregory Schroff, M.D., individually and for the marital community with spouse or registered domestic partner Jane Doe Smith; and Does 1 through 50, Respondents.

Supreme Court of Washington, En Banc.

Filed November 17, 2016.

Attorney(s) appearing for the Case

Scott E. Rodgers , Rodriguez, Interiano, Hanson & Rodgers, 7502 W. Deschutes Pl., Kennewick, WA, 99336-7719, for Petitioners.

Edward Joseph Bruya , Eric Roche Byrd Bruya & Associates, P.C., 601 W. Riverside Ave., Ste. 1600, Spokane, WA, 99201-0626, Jerome R. Aiken , Attorney at Law, P.O. Box 22680, Yakima, WA, 98907-2680, Peter McGillis Ritchie Meyer , Fluegge & Tenney, P.S., 230 S. 2nd St., Yakima, WA, 98901-2865, Michael J. Wiswall , Hart Wagner LLP, 1000 S.W. Broadway, Ste. 2000, Portland, OR, 97205-3072, for Respondents.

Valerie Davis Mcomie , Attorney at Law, 4549 N.W. Aspen St., Camas, WA, 98607-8302, Bryan Harnetiaux , WA State Ass'n for Justice Foundation, 517 E. 17th Avenue, Spokane, WA, 99203, Daniel Edward Huntington , Richter-Wimberley PS, 422 W. Riverside, Ave., Ste. 1300, Spokane, WA, 99201-0305, for Amicus Curiae on behalf of Washington State Association for Justice Foundation.

¶ 1 The medical negligence statute of limitations (MNSOL) requires filing a claim for medical negligence within three years of the allegedly negligent act or omission or within one year of when the negligence is or should have been discovered, whichever is later. RCW 4.16.350(3). The MNSOL may be tolled for one year upon the making...

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