September 25, 2009

Supreme Court hands down two major decisions
One win for consumers, one loss for consumers

It’s been a busy week for the Supreme Court as it handed down two major decisions which impact the liability system. 

In its first decision, Putman v. Wenatchee Medical Center, the court tossed out a simple and bi-partisan liability reform measure agreed-upon by doctors, lawyers, Gov. Gregorie and a majority of the 2006 legislature.  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.  The certificate of merit is one of a few modest reforms enacted in 2006 which have incrementally aided in the fight to end lawsuit abuse in the area of medical liability.  The Seattle Times offered an editorial (now removed from their Web site) in favor of the ruling.  The LRC followed up with a letter to the editor which was published online. 

Yesterday, the Court got it right.  In Ambach v. French, the Court unanimously ruled that a plaintiff’s lawyer who brings a medical malpractice claim cannot automatically assert a Consumer Protection Act (CPA) violation.  Specifically, the Court held that the increased costs of an allegedly unnecessary surgery cannot be separated from the personal injury claim as to satisfy the “injury to business or property” component of the CPA. This is a blow to personal-injury lawyers because they use CPA claims in order to recover triple damages and attorney fees.  It’s a pot of gold for them but costly to everyone else.  The Court should expect to see more CPA cases given the fact that the legislature—at the request of trial lawyers—expanded the CPA earlier this year, allowing higher damage awards and lowering the threshold to bring such cases.  The LRC issued the attached press release on this commonsense ruling. 

Trial lawyers offer up hit piece against doctors
They blame the healthcare crisis on providers

As the nation continues the debate on healthcare and the calls for medical liability reform increase—even mentioned by the President in his address to Congress—trial lawyers are going on the attack.  In a recent op-ed to the Seattle Times the trial lawyers declare that defensive medicine is a myth and that the woes of the healthcare system are largely due to lousy doctors, nurses and hospitals.  The LRC offered up a response letter to the offensive op-ed. 

Liability Reform Coalition
Committed to Ending Lawsuit Abuse.

Dana Childers, Executive Director
2033 Sixth Avenue, Suite 1100
Seattle, WA 98121
www.walrc.org