S-667                 _______________________________________________

                                                   SENATE BILL NO. 6148

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Nelson and McCaslin

Read first time 4/22/89 and referred to Committee on  Law & Justice.

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

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 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 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.