Washington’s Notice of Claim Law Applies To Lawsuits Filed Against State Providers

The Washington Supreme Court Dec. 27, 2012, ruled 5-4 that the 90-day presuit notification requirement in medical malpractice cases, previously ruled unconstitutional in a lawsuit against a private defendant, must be followed in actions against state entities (McDevitt v. Harborview Medical Center, Wash., 85367-3, 12/27/12).

In the majority opinion by Justice James M. Johnson, the court found the provision valid under Wash. Const. art. II, § 26, which provides that the Legislature “shall direct by law, in what manner, and in what courts, suits may be brought against the state.”

Justice Tom Chambers, writing for the dissent ...