2839-S AMH .... H5044.3

SHB 2839 - H AMD 264

By Representatives Cody, Morris and others

    Strike everything after the enacting clause and insert the following:

    "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 and subject to chapter 18.130 RCW or a health care facility as defined in RCW 48.43.005.

    (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 the attorney reasonably believes is knowledgeable in the relevant issues involved in the particular action and who has expertise in those areas requiring expert testimony in an action against a health care facility or health care professional;

    (c) That the expert is willing and available to testify to admissible facts or opinions; and

    (d) 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 pro se plaintiff until such a time as an attorney appears on the plaintiff's behalf.

    (5) If a named defendant seeks to apportion fault against a nonparty entity under RCW 4.22.070, the defendant shall file a certificate of merit as specified in subsection (2) of this section that there is reasonable and meritorious cause for joining the nonparty entity and shall be required to join the nonparty entity as a party to the action.

    (6) 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."

SHB 2839 - H AMD

By Representative

    On page 1, line 1 of the title, after "reform;" strike the remainder of the title and insert "and adding a new section to chapter 4.24 RCW."

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