Certificate of Merit in Medical Malpractice Actions Ruled Unconstitutional

In Putman v. Wenatchee Valley Medical Center (No. 80888-1), the Washington Supreme Court held RCW 7.70.150 unconstitutional.

The statute required a certificate of merit from a medical expert as a prerequisite to filing a medical malpractice suit. The Court reasoned that RCW 7.70.150 “unduly burdens the right of access to courts and violates the separation of powers.” Further, because it may be impossible to obtain evidence necessary for the certificate of merit prior to discovery, the requirement violates the plaintiff’s right of access to the courts.

Medical malpractice actions are inherently tort actions that are not exempt from the Civil Rules under CR 81(a). Thus, the statute violates the civil rules by (1) requiring more than the notice and pleading required by CR 8; and, (2) requiring the attorney to submit additional verification of the pleadings, in derogation of CR 11.

The Seattle Times published an editorial regarding this decision Unfettered Access to the Courts and a news story Wash. court throws out medical malpractice law.