Belancsik v. Overlake Memorial Hospital

Plaintiff Belancsik appeals from a summary judgment of the trial court dismissing his lawsuit for medical malpractice. The trial court predicated dismissal upon a finding that RCW 11.40.011, the nonclaim statute pertaining to estates protected by liability insurance, is unconstitutional because (1) it violates the “expressive title” requirement of Const, art. 2, § 19, and (2) it denies equal protection.

Appellant suffered spinal injuries in an automobile accident on June 16, 1966. He was treated for these injuries by several doctors, among whom was Dr. Hebert, who last treated appellant on…