SENATE BILL REPORT

                  EHB 2838

              As Reported By Senate Committee On:

          Health & Long-Term Care, February 23, 1996

Title:  An act relating to mediation of health care injury disputes.

Brief Description:  Limiting mediation of health care injury disputes.

Sponsors:  Representatives Dyer, Cody, Foreman, McMahan, Goldsmith, Huff, Carlson and Robertson.

Brief History:

Committee Activity:  Health & Long-Term Care:  2/23/96 [DP].

SENATE COMMITTEE ON HEALTH & LONG-TERM CARE

Majority Report:  Do pass.

  Signed by Senators Quigley, Chair; Wojahn, Vice Chair; Deccio, Fairley, Franklin, Thibaudeau, Winsley and Wood.

Staff:  Joanne Conrad (786-7472)

Background:  Generally, the right to bring a legal action is time-limited.  Statutes of limitations prevent the action after a certain time period has passed.  Exceptions are made when a condition or event tolls the time limit, usually in the interest of fairness or judicial efficiency.

Summary of Bill:  In medical malpractice "health care injury disputes," a written, good faith request for mediation, when made prior to filing the action, tolls the statute of limitations for one year, rather than for an unspecified period.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This technical change is needed to provide time for parties to mediate.

Testimony Against:  None.

Testified:  Larry Shannon, WA State Trial Lawyers; Cliff Webster, WA State Medical Assn.