Nancy N. WAPLES and Mark Waples, husband and wife and their marital community thereof, Petitioners,
v.
Peter H. YI, DDS and Jane Doe Yi, husband and wife and their marital community thereof, d/b/a/ Lakewood Dental Clinic, and Dr. Peter H. Yi, DDS, PS, a Washington Corporation, Respondents.
Linda Cunningham and Downey C. Cunningham, a marital community, Appellants,
v.
Ronald F. Nicol, M.D.; Valley Radiologists, Inc., PS and Multicare Health System, Inc., d/b/a Covington Multicare Clinic, Respondents.
Supreme Court of Washington, En Banc.https://leagle.com/images/logo.png
Argued February 25, 2010.
Decided July 1, 2010.
Attorney(s) appearing for the Case
Jerald D. Pearson, The Pearson Law Firm, Snoqualmie, WA, Edward C. Harper, Harper Law, P.L.L.C., Kirkland, WA, George Alan Steele, George A. Steele Attorney at Law, Shelton, WA, for Appellants.
John A. Rosendahl, Timothy Lee Ashcraft, Williams Kastner & Gibbs, Tacoma, WA, Mary H. Spillane, Daniel W. Ferm, Williams Kastner & Gibbs, P.L.L.C., John Cornelius Versnel, III, Vanessa Vanderbrug, Lawrence & Versnel, P.L.L.C., Seattle, WA, for Respondents.
Mary H. Spillane, Daniel W. Ferm, Williams Kastner & Gibbs, P.L.L.C., Seattle, WA, amicus counsel for Physicians Insurance a Mutual Company & Washington State Medical Association.
Stewart Andrew Estes, Keating, Bucklin & McCormack, Inc., P.S., Erin Healy Hammond, Fain Anderson VanDerhoef, P.L.L.C., Seattle, WA, amicus counsel for Washington Defense Trial Lawyers.
Bryan Patrick Harnetiaux, Attorney at Law, Spokane, WA, George M. Ahrend, Ahrend Law Firm, P.L.L.C., Moses Lake, WA, amicus counsel for Washington State Association for Justice Foundation.
Supreme Court of Washington, En Banc.
C. JOHNSON, J.
¶ 1 This case involves a challenge to the constitutionality of former RCW 7.70.100(1) (2006),1 which requires a plaintiff to provide health care providers with 90 days' notice of the plaintiff's intention to file a medical malpractice suit. This notice requirement is one of two requirements instituted by the legislature in an effort to provide potential medical malpractice plaintiffs with incentives to settle cases...
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