Jeffery Martin v. Pierce County

I. BACKGROUND

Plaintiff-Appellant Jeffrey Martin appeals the district court’s dismissal of his state medical malpractice claim for failing to file a declaration declining to submit the case to arbitration pursuant to RCW 7.70A.020.

1. RCW 7.70A.020

Washington requires a plaintiff in a medical-malpractice suit to elect or decline to submit a claim to arbitration at the time suit is commenced. RCW 7.70A.020. If the plaintiff does not elect to submit the dispute to arbitration, the plaintiff must meet the following requirements:

(a) in the case of a claimant, the declaration must be filed at the time of commencing the action and must state that the attorney representing the claimant presented the

MARTIN V. PIERCE COUNTY

claimant with a copy of the provisions of this chapter before commencing the action and that the claimant elected not to submit the dispute to arbitration under this chapter[.]

Id.

The Washington state legislature passed this requirement as part of a series of laws directed at curbing medical malpractice lawsuits. Since then, the Washington Supreme Court has struck down several similar provisions, including: (1) RCW 7.70.150 requiring…