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McDEVITT v. HARBORVIEW MEDICAL CENTER

No. 85367-3.

316 P.3d 469 (2013)

179 Wn.2d 59

Glen A. McDEVITT, an unmarried man, Respondent, v. HARBORVIEW MEDICAL CENTER, a King County Public Hospital, and John Doe and Jane Doe; University of Washington dba UW Medicine/Physicians, and The State of Washington, a governmental entity, Petitioners.

Supreme Court of Washington, En Banc.

November 14, 2013.

Attorney(s) appearing for the Case

Thomas Francis McDonough , Attorney at Law, Edmonds, WA, Mika N. Blain , Attorney at Law, Klamath Falls, OR, for Respondent.

Michael F. Madden , Amy Magnano , Bennett Bigelow & Leedom, P.S., Seattle, WA, for Petitioners.

J.M. JOHNSON, J.

¶ 1 In Waples v. Yi, 169 Wn.2d 152, 161, 234 P.3d 187 (2010), this court held that separation of powers principles invalidated the 90 day presuit notice requirement against medical malpractice defendants, as adopted by the legislature in former RCW 7.70.100(1) (2006). We now further explain that holding, recognizing express constitutional authority in article II, section...

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