5304-S2.E AMH DYER H2458.2

E2SSB 5304 - H AMD TO REV COMM AMD (H-2235.7/93) 000362 WITHDRAWN

4-8-93

By Representative Vance and Tate

    On page 109, after line 25 of the amendment, insert the following:

    "Sec. 411.  RCW 4.56.250 and 1986 c 305 s 301 are each amended to read as follows:

    (1) As used in this section, the following terms have the meanings indicated unless the context clearly requires otherwise.

    (a) "Economic damages" means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities.

    (b) "Noneconomic damages" means subjective, nonmonetary losses, including, but not limited to pain, suffering, inconvenience, mental anguish, disability or disfigurement incurred by the injured party, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation, and destruction of the parent-child relationship.

    (c) "Bodily injury" means physical injury, sickness, or disease, including death.

    (d) "Average annual wage" means the average annual wage in the state of Washington as determined under RCW 50.04.355.

    (2) In no action seeking damages for personal injury or death may a claimant recover a judgment for noneconomic damages exceeding an amount determined by multiplying 0.43 by the average annual wage and by the life expectancy of the person incurring noneconomic damages, as the life expectancy is determined by the life expectancy tables adopted by the insurance commissioner.  For purposes of determining the maximum amount allowable for noneconomic damages, a claimant's life expectancy shall not be less than fifteen years.  The limitation contained in this subsection applies to all claims for noneconomic damages made by a claimant who incurred bodily injury.  Claims for loss of consortium, loss of society and companionship, destruction of the parent-child relationship, and all other derivative claims asserted by persons who did not sustain bodily injury are to be included within the limitation on claims for noneconomic damages arising from the same bodily injury.

    (3) If a case is tried to a jury, the jury shall ((not)) be informed of the limitation contained in subsection (2) of this section."

    Renumber the remaining sections consecutively and correct internal references accordingly.

E2SSB 5304 - H AMD TO REV COMM AMD (H-2235.7/93)

By Representative Dyer

    On page 113, after line 38 of the amendment, insert the following:

    "NEW SECTION. Sec. 416.  CERTIFICATE OF MERIT REQUIRED.  (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 injuries resulting from health care by a health care provider, as defined in RCW 7.70.020.

    (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 whom 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 are not applicable to a plaintiff who is not represented by an attorney.

    (5) Violation of this section is grounds for either dismissal of the case or sanctions against the attorney, which may include an order to pay to the defendant or defendants the amount of reasonable expense incurred including a reasonable attorneys' fee, or both, as the court deems appropriate."

    Renumber the remaining sections consecutively and correct internal references accordingly.

EFFECT:  Responds to Sofie v. Fibreboard Corp., 112 Wn.2d 636 (1989) by permitting the jury to be informed about the noneconomic damage formula; establishes a certificate of merit process.

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