5386-S AMS MCMU S4027.2

SSB 5386 - S AMD

By Senator McMullen

                                               NOT ADOPTED 2/18/92

    On page 2, beginning on line 24, strike all of section 2 and insert the following:

    "NEW SECTION. Sec. 2.  A new section is added to chapter 4.24 RCW to read as follows:

    (1) Each defendant's attorney shall file the certificate specified in subsection (2) of this section within thirty days of service of a summons and complaint in any action for damages arising out of the professional negligence of a person licensed, registered, or certified under Title 18 RCW.

    (2) The certificate filed by each defendant's attorney shall declare:

    (a) That the attorney has reviewed the facts of the case;

    (b) That the attorney has consulted with at least one qualified expert who holds a license, certificate, or registration issued by this state or another state in the same profession as that of the defendant, who practices in the same specialty or subspecialty as the defendant, and who the attorney reasonably believes is knowledgeable in the relevant issues involved in the particular action;

    (c) The identity of the expert and the expert's license, certification, or registration;

    (d) That the expert is willing and available to testify to admissible facts or opinions; and

    (e) That the attorney has concluded on the basis of such review and consultation that there is not reasonable and meritorious cause for the filing of such action.

    (3) Where a certificate is required under this section, and where there are multiple claimants, the certificate or certificates must state the attorney's conclusion that on the basis of review and expert consultation, there is not reasonable and meritorious cause for the filing of such action as to each claimant.

    (4) The provisions of this section shall not be applicable to a defendant who is not represented by an attorney.

    (5) Violation of this section shall be grounds for either dismissal of the case or sanctions against the attorney, or both, as the court deems appropriate."

    "NEW SECTION. Sec. 3.    Sections 1 and 2 of this act apply to all actions for damages arising out of professional negligence filed on or after August 1, 1992."

SHB 5386 - S AMD

By Senator McMullen

                                               NOT ADOPTED 2/18/92

    On page 1, line 2 of the title, after "adding" strike "a new section" and insert "new sections"