Legal Activities
Legal Advocacy in the Courts
The WSMA regularly files amicus curiae or "friend of the court" briefs in cases brought by others that raise issues of importance to the medical community and have the potential of having either a positive or negative impact on the practice of medicine in the state of Washington. In addition, the WSMA will defend the rights of its members by filing lawsuits or initiating other legal actions on behalf of its members.
All downloadable files below are [PDF].
Washington State Supreme Court deals another blow to medical malpractice reform—In a 6-3 decision released on July 1, 2010 in Waples v. Yi, the Washington State Supreme Court dealt yet another blow to medical malpractice tort reform by striking down the notice requirement of RCW 7.70.100(1). This requirement, which was included in the bipartisan medical malpractice reforms enacted in 2006, and which was strongly supported by the WSMA, required a plaintiff to provide at least ninety days’ notice of the intention to commence a medical malpractice suit.
Columbia Physical Therapy, Inc. P.S. v. Benton Franklin Orthopedic Associates, P.L.L.C.—In a unanimous decision released on March 18, 2010, the Washington State Supreme Court ruled in favor of Benton Franklin Orthopedic Associates (BFOA) in the case challenging whether physical therapists could be employed by medical practices in Washington.
The WSMA has submitted an amicus curaie brief in the Waples v. Yi case—A ruling for Waples could potentially invalidate our state's "notice of intent to sue" (RCW 7.70.100(1)) statute
Washington Supreme Court Reverses Court of Appeals in Ambach v. French
Washington Supreme Court declares medical malpractice certificate of merit statute unconstitutional in Putnam v. Wenatchee Valley Medical Center
Constitutionality of Washington's certificate of merit tort reform statute challenged by trial lawyers.
WSMA Regence Settlement cited in Robert Wood Johnson Foundation funded analysis of legal issues raised by health plan "High Performance" quality and efficiency rating programs.
WSMA v. Regence—A WSMA initiated lawsuit in response to a program implemented by Regence that scored physicians' performance based on quality and efficiency criteria.
Blue Cross Blue Shield Settlement—A national class action lawsuit in which the WSMA was a signatory that alleged Blue Cross Blue Shield plans (Regence and Premera) had defrauded physicians out of payment for services provided.
Columbia Physical Therapy v. Benton Franklin Orthopedics Associates—A physical therapist is suing and orthopedic group for employeeing physical therapists. The plaintiff alleges this is a violation of state law.
Wright v. Jeckle—This is a recent Washington State Supreme Court ruling that held physicians can make a profit on the sale of goods to patients. The WSMA filed an amicus brief in this case.
Tacoma Orthopedic v. Regence—A recent Washington State Supreme Court ruling the held health plan contracts must not require arbitration to the exclusion of judicial remedies. The WSMA filed an amicus brief in this case.
Gonzales v. Oregon—A recent United States Supreme Court ruling the upheld Oregon's physician assisted suicide law. The WSMA was a signatory to an amicus brief filed in this case.
Swedish v. Riccardo—This was a case over disclosure of confidential peer review information. The WSMA filed an amicus brief in this case.
Peacehealth v. Turner—Local hospital sues physician board member for breach of fiduciary duty when he decides to open a competing ASC. The WSMA provided financial support in this case.
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