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WINBUN v. MOORE

No. 42992-2-I.

982 P.2d 1196 (1999)

Gail WINBUN and Lee Winbun, wife and Husband, and the marital community composed thereof, Respondents, v. Jane A. MOORE, M.D. and John Doe Moore, wife and husband, and the marital community composed thereof; Carter Hill, M.D. and Jane Doe Hill, husband and wife, and the marital community composed thereof; and Highline Community Hospital, a Washington non-profit corporation, Defendants, H. Stephen Epstein and Jane Doe Epstein, husband and wife, and the marital community composed thereof; Appellants.

Court of Appeals of Washington, Division 1.

August 30, 1999.

Attorney(s) appearing for the Case

Thomas V. Harris, Merrick, Hofstedt & Lindsey, P.S., Seattle, for Appellants.

Robert B. Gould, Law Offices of Robert B. Gould, Seattle, for Respondents.

KENNEDY, C.J.

Under RCW 4.16.350(3), a professional negligence claim against a health care provider—absent "proof of fraud, intentional concealment, or a foreign body not intended to have a therapeutic or diagnostic purpose or effect"—must be brought (1) within three years of the alleged injury-causing act or omission, or (2) within one year from the time the plaintiff discovers or with due diligence reasonably should have discovered that the injury...

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