Liability Reform Coalition says the Washington Supreme Court
dealt blow to physician liability system

Decision clears the way for more lawsuits

SEATTLE—Statement by Liability Reform Coalition (LRC) executive director, Dana Childers, regarding the Supreme Court’s decision in Putman v. Wenatchee Valley Medical Center:

“Today the Washington Supreme Court dismantled a bi-partisan and modest liability reform measure agreed-upon by physicians, personal-injury lawyers, Gov. Gregorie and a majority of the legislature following the heated medical liability debate of 2005. 

The issue at hand is the certificate of merit, which requires that a plaintiff provide a qualified expert at the time of filing a lawsuit that states there is a reasonable probability the defendant’s conduct did not meet the required standard of care. 

In its decision, the Supreme Court tossed out the certificate of merit declaring it was unconstitutional despite the fact that the trial court found the exact opposite. 

The LRC has long advocated for simple, commonsense reforms such as the certificate of merit, which has been enacted in a dozen states.  The Supreme Court has gone out of its way to eliminate a reasonable reform which was created by all interested parties.  Rulings such as Putman v. Wenatchee Valley Medical Center, have a chilling effect on our healthcare system and its ability to provide high-quality healthcare at a reasonable cost.

In the 2006 legislative session, personal-injury lawyers and physicians negotiated several modest liability reform measures, one of which was the certificate of merit.  Over the past three years these reforms have incrementally aided in the fight to end lawsuit abuse in the medical liability arena.  Today’s ruling causes concern as to if the Supreme Court will allow other reforms to stand, such as the right for physicians to apologize for an adverse event without it being an admission of guilt.

It’s interesting to note that certificate of merit statutes have been upheld in other states but the Washington Supreme Court opted to come down on the side of more lawsuits to be filed more easily.”

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