Legal Opinion
Putman v. Wenatchee Valley Medical Center, PS
Washington Supreme Court
Decided September 17, 2009No. 80888-1PublishedCited by 83 opinions
1Opinion of the CourtOwens, J.
¶1 — Appellant Kimme Putman sued respondents for negligently failing to diagnose her ovarian cancer. The trial judge dismissed her lawsuit because she failed to file a certificate of merit from a medical expert, as required for medical malpractice lawsuits under RCW 7.70.150. Putman challenges the constitutionality of the certificate of merit requirement on a number of grounds. We hold that RCW 7.70.150 is unconstitutional because it unduly bur*978dens the right of access to courts and violates the separation of powers.1
FACTS
¶2 In 2007, Putman filed a lawsuit against Wenatchee Valley Medical…
2Cases cited32 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Marbury v. MadisonSupreme Court of the United States · 1803
- Robin Chamberlain v. Vincent C. Giampapa, M.D., Individually and Dba Plastic Surgery Center InternationaleCourt of Appeals for the Third Circuit · 2000
- Christensen v. EllsworthWashington Supreme Court · 2007
- Wright v. Central Du Page Hospital Ass'nIllinois Supreme Court · 1976
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3Cited by83 opinions
- State v. GreshamWashington Supreme Court · 2012
- Davis v. CoxWashington Supreme Court · 2015
- Diaz v. StateWashington Supreme Court · 2012
- Wall v. MaroukSupreme Court of Oklahoma · 2013
- FutureSelect Portfolio Management, Inc. v. Tremont Group Holdings, Inc.Court of Appeals of Washington · 2013
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