Originally published Thursday, September 17, 2009 at 12:25 PM
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State Supreme Court throws out medical malpractice law
The state Supreme Court has unanimously thrown out a 2006 law that requires an injured patient to get a certificate of merit from an expert before they can sue for medical malpractice.
The Associated Press
OLYMPIA, Wash. — The state Supreme Court has unanimously thrown out a 2006 law that requires an injured patient to get a certificate of merit from an expert before they can sue for medical malpractice.
The high court ruled Thursday that the law violates the separation of state powers. Justices say that allowing the Legislature to set rules about filing a lawsuit "conflicts with the judiciary's inherent power to set court procedures."
Seven of the justices also said that the law was unconstitutional because it unduly burdened the right of access to courts.
The case stems from a lawsuit filed by a Wenatchee woman, who says several doctors were negligent because they failed to diagnose her ovarian cancer.
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