The WA Supreme Court ruled that it is unconstitutional to require 90 days’ notice before suing a doctor. The court’s 6-3 decision said the waiting period violates the separation of powers between the legislative and judicial branches of government.
The courts already have procedural rules for filing civil suits, and adding a 90-day notice “conflicts with the judiciary’s power to set court procedures,” Justice Charles Johnson wrote for the majority.
The ruling sides with two separate plaintiffs who had medical malpractice cases thrown out by lower courts over notice issues. Those cases were sent back for further action. Associated Press, Seattle Times 07/06/2010
Read Article: Seattle Times
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