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Certificate of Merit Unconstiutional in Washington State

I just posted a copy of an opinion of the Supreme Court of the State of Washington.  Why?  Because that Court held that its law requiring a plaintiff to have a "certificate of merit" before filing a lawsuit is unconstitutional.  Virginia has the same requirement.

Some might say that it's fair to require an injured person to be sure the claim against the doctor or hospital has merit before forcing the doctor or hospital to defend a lawsuit.  However, think about it.  What is a certificate of merit based on?  The information in the medical records.  Who gets to put the information in the medical records?   The doctor or hospital personnel.

I'm not saying that all doctors and hospital personnel are evil or go about their business purposely to deceive.  But, if something goes wrong or they see they've made a mistake, it's easy enough to leave something out or put something in the records that will leave a legitimately injured person out in the cold with no remedy against the wrongdoer.

I don't believe in frivolous medical malpractice lawsuits.  Good lawyers who represent people who have been injured by a health care provider know better than to take cases without merit.  They cost a LOT of money and take a lot of time and are of no benefit to the injured person.  Why would a lawyer gamble on a case that he or she didn't believe had merit?