Recent Posts in Court Rulings Category
| September 17, 2009 |
| Supreme Court declares Certificate of Merit Unconstitutional |
| Posted By J.D. Smith |
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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. |
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| September 02, 2009 |
| New Rules for Total loss of vehicles |
| Posted By J.D. Smith |
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New Rules for handling total loss of vehicles went into effect August 21, 2009. There are three notable changes:
First, Amended definition of "Comparable motor vehicle" in WAC 284-30-320(3).
Second, WAC 284-30-390(5) was amended to include "If requested by the claimant."
Third, WAC 284-30-393 was amended to include "must be allocated first to the insured for any deductible(s) incurred in the loss."
Vehicle are often totaled during collisions, especially when older vehicles are involved. This is a source of frustration, particularly if the person(s) are also dealing with injuries. These new rules will hopefully aid in leveling the playing field with inurance companies.
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| August 31, 2009 |
| Hospital Owns Up to Errors |
| Posted By J.D. Smith |
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Hospitals Own Up to Errors
In this case, 18-month-old Kaelyn Sosa suffered a bump on the head in a fall at home. Her mother took her to the emergency room to make sure it wasn't serious. While Kaelyn was under sedation in an MRI machine, her breathing tube was dislodged, cutting off her oxygen and causing a crippling brain injury. The hospital owned up to their error and entered into a settlement.
This happens so infrequently despite nearly 100,000 deaths resulting from medical errors. I wish every medical provider in Washington state would review this artical. In my experience, insurers for medical providers in Washington are reluctant to step up to the plate and admit fault even when the error is obvious. |
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