SENATE BILL REPORT

SB 6148

BYSenators Nelson and McCaslin

Requiring an attorneys' certificate of merit.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 29, 1990; February 2, 1990

Majority Report:  That Substitute Senate Bill No. 6148 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Newhouse, Patrick, Rasmussen.

Senate Staff:Jon Carlson (786-7459)

                  February 2, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 2, 1990

BACKGROUND:

Current law provides an action for malicious prosecution against a party who files a claim with the knowledge that it is unfounded, malicious, and without probable cause.  However, there is still concern that the number of frivolous and unfounded lawsuits is increasing, particularly professional negligence claims brought against individuals working in the licensed professions.  It is further recommended that the claimant's attorney show that a claim brought against a licensed professional is reasonable and meritorious. 

SUMMARY:

A certificate of merit procedure is established for determining the legitimacy of claims brought against licensed, registered, or certified professionals.

Within 30 days of filing an action for damages arising out of professional negligence against a licensed, registered, or certified professional, the claimant's attorney must file a certificate of merit.

The certificate of merit must show that the claimant's attorney reviewed the case and determined that the cause of action is reasonable and meritorious.  As part of his or her deliberations, the attorney must consult with at least one qualified expert who holds a license in the same profession as that of the defendant, and who the attorney believes is knowledgeable in the issues being litigated.

Where there are multiple defendants, the certificate must find that there is a reasonable and meritorious cause of action as to each defendant.

The certificate of merit procedure is not applicable to a plaintiff who is not represented by an attorney.  A violation of these provisions is grounds for dismissal of the case or sanctions against the attorney.

EFFECT OF PROPOSED SUBSTITUTE:

The claimant's attorney must file the certificate of merit within 30 days of filing an action or service, whichever occurs later.

The qualified expert whom the claimant's attorney is required to consult must also practice in the same specialty or subspecialty as the defendant.

The certificate of merit procedure applies to all actions for damages arising out of professional negligence filed on or after July 1, 1990.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Michael Runyon, WA Defense Trial Lawyers; Jeff Daggett, Architects and Engineers Legislative Council; Loren Winterscheid, WA State Medical Assocation; Eugene Moen, WA State Trial Laywers Association; Bruce Schafer, Physicians Insurance