Today in Putman v. Wenatchee Valley Med. Ctr, the Washington Supreme Ct declares Certificate of Merit statutory requirement unconstitutional.  This is a huge ruling for victims of medical malpractice.

The court held:

“RCW 7.70.150 unduly burdens the right of medical malpractice plaintiffs to

conduct discovery and, therefore, violates their right to access courts.  In addition,

RCW 7.70.150 changes the procedures for filing pleadings in a lawsuit, thereby

jeopardizing the court's power to set court procedures.  When the activity of one

branch invades the prerogatives of another, there is a violation of the doctrine of

separation of powers.  The court must strike down this law because it violates the right

of access to courts and conflicts with the judiciary's inherent power to set court

procedures.  We reverse the trial court's dismissal and remand for further proceedings.”

The facts are 98,000 people are killed each year due to medical errors. The Certificate of Merit has robbed hundreds and perhaps thousands of families of their ability to seek justice. Today justice has been served.