In a 6-3 vote, the Washington State Supreme Court determined that a rule requiring 90-days notice to doctors for a malpractice suit was unconstitutional. Seattle PI reports that the court’s decision, “said the waiting period violates the separation of powers between the legislative and judicial branches of government.”

The 90-day requirement was implemented by the legislature to allow for a settlement process, instead of the case going straight to court.

The court, according to Seattle PI, says, “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,’”

Seattle PI reports that the court threw out another reform last September. “The court said a law requiring injured patients to get a certificate of merit from an expert before suing violated separation of powers doctrine and unduly burdened the right of access to courts,” writes Seattle PI author, Curt Woodward.

Medical Malpractice is a serious offense. If you or someone you know has been a victim of medical malpractice, call the New Jersey medical malpractice lawyers at 800-346-5529.