Statute of limitations does not bar father’s suit against child’s counselor
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The statute of limitations for medical malpractice requires that any such action be filed within three years of the allegedly negligent act or omission, or within one year of the time the patient could have discovered the injury had been caused by the act or omission. RCW 4.16.030.

Chupurdia moved for summary judgment, arguing primarily that Webb's claim was barred by the statute of limitations. Webb contended he had not discovered the alleged malpractice until the GAL report in October 1999. The trial court agreed with Chupurdia and found that as a matter of law, Webb's November 18, 1998, declaration showed he knew or should have known the elements of his cause of action.

Division Three of the Court of Appeals disagreed. The court determined that when the facts were viewed in the light most favorable to Webb, Chupurdia's refusal to speak with Webb and Webb's reliance upon the term "believe" in his declaration clearly demonstrated that the declaration was Webb's guess about the possible source of John Doe's fear. Webb argued he had initially attributed John Doe's fears solely to Ellis.

Therefore, the court concluded that Webb's declaration was based upon Webb's belief and was "necessarily speculative and conclusory." The court held that reasonable minds could reach more than one conclusion regarding the disputed discovery facts, and Webb's suit was not time barred.