S-0467.1          _______________________________________________

                                 SENATE BILL 5386

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senators McCaslin and Bailey.

Read first time January 30, 1991.  Referred to Committee on Law & Justice.Establishing certificate of merit in professional negligence suits.

     AN ACT Relating to establishing a certificate of merit procedure in law suits alleging professional negligence; adding a new section to chapter 4.24 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 4.24 RCW to read as follows:

     (1) The claimant's attorney shall file the certificate specified in subsection (2) of this section within thirty days of filing or service, whichever occurs later, for any action for damages arising out of the professional negligence of a person licensed, registered, or certified under Title 18 RCW.

     (2) The certificate issued by the claimant'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 reasonable and meritorious cause for the filing of such action.

     (3) Where a certificate is required under this section, and where there are multiple defendants, the certificate or certificates must state the attorney's conclusion that on the basis of review and expert consultation, there is reasonable and meritorious cause for the filing of such action as to each defendant.

     (4) The provisions of this section shall not be applicable to a plaintiff 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. 2.      Section 1 of this act applies to all actions for damages arising out of professional negligence filed on or after August 1, 1991.