H-0759.3 _______________________________________________
HOUSE BILL 1796
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By Representatives Huff, Lisk, Carrell, Cairnes, Benson and Sullivan
Read first time 02/05/1999. Referred to Committee on Judiciary.
AN ACT Relating to establishing a certificate of merit procedure in lawsuits; 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 ninety days of filing or service, whichever occurs later, of any action for damages arising out of: The negligence of a person licensed, registered, or certified under Title 18 RCW or a health care facility as defined in RCW 48.43.005; or a product liability claim under chapter 7.72 RCW. The court may, for good cause shown, extend the period of time within which filing the certificate is required.
(2) The certificate issued by the claimant's attorney must 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 the attorney reasonably believes is knowledgeable in the relevant issues involved in the particular action and who:
(i) Holds a license, certificate, or registration issued by this state or another state in the same profession as that of the defendant and who practices in the same specialty or subspecialty as the defendant; or
(ii) Has expertise in those areas requiring expert testimony in a product liability claim or in an action against a health care facility;
(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 the review and consultation that there is reasonable and meritorious cause for filing the 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 filing the action as to each defendant.
(4) This section does not apply to a pro se plaintiff until an attorney appears on the plaintiff's behalf.
(5) Violation of this section is 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 filed after December 31, 1999.
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