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PUTMAN v. WENATCHEE VALLEY MEDICAL CENTER

No. 80888-1.

216 P.3d 374 (2009)

Kimme PUTMAN, Appellant, v. WENATCHEE VALLEY MEDICAL CENTER, P.S., a Washington professional service corporation; Patrick J. Wendt, M.D.; David B. Levitsky, M.D., Respondents, and Shawn C. Kelley, M.D.; John Doe No. 1; John Doe No. 2; Jane Doe No. 1; and Jane Doe No. 2, Defendants.

Supreme Court of Washington, En Banc.

Decided September 17, 2009.

Attorney(s) appearing for the Case

Ron Perey, Douglas T. Weinmaster, Perey Law Group, Carla Tachau Lawrence, Attorney at Law, Seattle, WA, Robert S. Peck, Center for Constitutional Litigation PC, Washington, DC, for Appellant.

Sherry Hemming Rogers, Lee Smart, Michael Neil Budelsky, Pamela A. Okano, Reed McClure, Attorneys at Law, Seattle, WA, for Respondents.

Mary H. Spillane, Daniel W. Ferm, William Kastner & Gibbs, Seattle, WA, Amicus Curiae on behalf of American Medical Association, King County Medical Society, Physicians Insurance, Pierce County Medical Society, Thurston County Medical Society, Walla Walla Valley Medical Society, Washington Academy of Physician Assistants, Washington Casualty Company, Washington State Medical Association, Washington State Medical Oncology Society, Washington State Orthopedic Association and Yakima County Medical Society.

Bryan Patrick Harnetiaux, Attorney at Law, Gary Neil Bloom, Harbaugh & Bloom PS, Spokane, WA, Kelby Dahmer Fletcher, Peterson Young Putra, Seattle, WA, Amicus Curiae on behalf of Washington State Association for Justice Foundation.

OWENS, 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 burdens the...

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