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Washington Supreme Court Invalidates 2006 Medical Malpractice Law
In recent years, several jurisdictions around the country have passed different types of laws designed to limit claims and access to filing claims for cases of medical malpractice. These laws came on the heels of several different cases and a lobbying/publicity push by professional and special interest groups designed to get people to think that these claims cost the average consumer money by way of higher insurance premiums.
Washington was no different, as the legislature passed a law that served as a severe limit to filing medical malpractice claims in 2006. This law required any plaintiff filing such an action to obtain a certificate of merit from a licensed expert that basically stated the validity of the claim. This certificate had to be filed in conjunction with the initial complaint, meaning that the plaintiff in effect had to prove his or her case to a doctor before attempting to prove it to the court.
The results were obvious, as many people were unable to secure such a certificate for many reasons, not the least of which was the inability of the expert to obtain statements and evidence regarding the particulars of certain procedures and medical decisions when he or she had no legal authority to do so. Therefore, many medical malpractice claims were thrown out soon after being filed for lacking this certificate of merit.
Ultimately, the issue made its way to the Washington Supreme Court, which heard the case of Putman v. Wenatchee Valley Med. Ctr. The case centered on a clinic’s alleged failure to diagnose ovarian cancer for a period of at least three years, the result of which seriously diminished her survival chances. The trial court dismissed the claim because of a lack of a certificate of merit.
The Supreme Court ruled unanimously on the case, and the decision was that the law that was passed violated the separation of state powers, in that the law allowed the legislature to interfere with the judiciary branch, which has always been charged with setting, enforcing and upholding the norms of court procedures. Therefore, the law is no longer valid and plaintiffs are no longer required to obtain these certificates of merit when filing a claim.
The full text of the decision can be found here, and if you or someone you love has been harmed as a result of a mistake made by a medical professional, you need to contact the medical malpractice attorneys at Phillips & Webster today to schedule a free initial consultation.
