Morris v. Swedish Health Services
Morris v. Swedish Health Services
Opinion of the Court
¶1 A written request for good faith mediation of a dispute regarding medical malpractice tolls the statute of limitations for one year. A dismissal of a previous medical malpractice action in the same matter does not bar a defendant from taking advantage of the tolling of the statute of limitations. Here, the defendant made a request for mediation within the original statutory time limits and thus is entitled to the one-year tolling of the statute of limitations. We reverse the trial court’s dismissal of the suit as time barred.
FACTS
¶2 Daniel Morris sued Swedish Medical Center and HRN Services Inc. for medical malpractice alleging he sustained injuries from negligent postsurgical care. Morris developed a hematoma (bleed) at the surgical site following his spinal surgery at Swedish on June 9, 2004. Morris complained of postoperative pain beginning midday on June 10 through the following morning of June 11. During 7:30 a.m. rounds on June 11, Dr. Jacob Young examined Morris and ordered an immediate MRI (magnetic resonance imaging) exam. The MRI was not performed until 11:30 a.m. Based on the results of the MRI, Dr. Young performed a second surgery to remove the hematoma at 2:30 p.m. that afternoon.
¶3 Morris alleges he sustained injuries as a result of the nursing staff’s failure to timely notify his doctor regarding his status after the initial spinal surgery. He asserts that the delay in obtaining the MRI also contributed to the delay in his undergoing a second surgery and contributed to his injuries. As a result, Morris suffers from diminished reflexes, weakness, and difficulty in standing. Morris also has to rely on a walker to ambulate.
¶4 Morris filed suit against Swedish on February 14, 2006. On June 14, 2006, he amended the complaint to join HRN as a defendant because one of the nurses caring for Morris at Swedish was a contract nurse employed by HRN. Neither the anesthesiologist nor the surgeon was sued.
¶6 On March 29, 2007, approximately 10 weeks after Dr. Young was deposed, HRN moved for summary judgment dismissal. On May 3, 2007, one day before the scheduled hearing on HRN’s summary judgment motion, Morris voluntarily dismissed his action without prejudice. Morris had not filed a response to HRN’s pending motion.
¶7 On June 6, 2007, one month after dismissing the original lawsuit and just a few days before Morris’s claim would be time barred by the applicable statute of limitations (SOL),
¶8 The trial court held that Morris’s new expert raised an issue of fact on liability, but that the claims were time barred, and that as a matter of law, Morris’s attorney’s request for mediation was not in good faith and thus failed
ANALYSIS
f9 Medical malpractice lawsuits have a three-year statute of limitations.
f 10 Morris’s June 6, 2007 letter requesting mediation was a timely request whether we apply the date of mailing, the date of service, or the reasoning in the civil rules.
The making of a written, good faith request for mediation of a dispute related to damages for injury occurring as a result of health care prior to filing a cause of action under this chapter shall toll the statute of limitations provided in RCW 4.16.350 for one year.
¶11 Swedish and HRN argue that the June 6 letter meets only two of the conditions enumerated in the statute: the notice was in writing and the underlying dispute was related to injuries resulting from health care. Swedish and HRN contend that Morris had already filed a cause of action (even if subsequently voluntarily dismissed) and therefore
f 12 However, the trial court agreed with Swedish and HRN in holding that the June 6 letter did not toll the statue of limitations because there was no good faith effort by Morris to mediate the claim. Swedish and HRN argue that the June 6 letter was nothing more than a tactic employed by Morris’s attorneys to toll the statute of limitations. The statute does not define “good faith,” but the “standard definition of good faith is a state of mind indicating honesty and lawfulness of purpose.”
[a] state of mind consisting in (1) honesty in belief or purpose, (2) faithfulness to one’s duty or obligation, (3) observance of reasonable commercial standards of fair dealing in a given*778 trade or business, or (4) absence of intent to defraud or to seek unconscionable advantage.[9]
Although good faith is usually a question of fact, it may be resolved on summary judgment where no reasonable minds could differ on the question.
Certificate of Merit
¶13 Morris was required to file a certificate of merit alleging a breach of the applicable standard of care.
(1) In an action against an individual health care provider under this chapter for personal injury or wrongful death in*779 which the injury is alleged to have been caused by an act or omission that violates the accepted standard of care, the plaintiff must file a certificate of merit at the time of commencing the action. . . .
(2) The certificate of merit must be executed by a health care provider who meets the qualifications of an expert in the action. If there is more than one defendant in the action, the person commencing the action must file a certificate of merit for each defendant.
(3) The certificate of merit must contain a statement that the person executing the certificate of merit believes, based on the information known at the time of executing the certificate of merit, that there is a reasonable probability that the defendant’s conduct did not follow the accepted standard of care required to be exercised by the defendant.
(5)(a) Failure to file a certificate of merit that complies with the requirements of this section is grounds for dismissal of the case.[16]
HRN argues that the certificate of merit is not acceptable because Morris filed only one certificate and there were two defendants. Morris argues that his failure to file two certificates is inconsequential and does not require dismissal, but only provided grounds for dismissal. HRN attempts to distinguish itself from Swedish and argues that the single certificate of merit does not differentiate between the two defendants.
¶14 The certificate of merit states:
I, Lome Sheren, M.D., am familiar with the standard of care expected of reasonable and prudent hospital staff involved in caring for patients post-surgery. I have reviewed the information available to me at this time and believe that there is a reasonable probability that the conduct of the staff at Swedish Medical Center, regarding management of Daniel E. Morris post-surgery, did not follow the accepted standard of care required to be exercised.
¶15 HRN cites to a final bill report addressing health care liability reform to support its position that failure to file the certificate of merit complying with the requirements “results in dismissal of the case.”
¶16 HRN further argues that the certificate of merit was inadequate because it did not state that the inadequate care caused injury to Morris. But there is no such requirement; rather, the only requirement is a belief that there is a reasonable probability that the defendant’s conduct did
¶17 Because we find that the statute of limitations is tolled for one year under RCW 7.70.110, we need not reach the other issues raised regarding other portions of the statute and whether such sections are retroactive. We reverse the trial court’s summary judgment dismissal and remand for further proceedings.
ROW 4.16.350(3).
RCW 4.16.350(3) provides in pertinent part:
[An action] shall be commenced within three years of the act or omission alleged to have caused the injury or condition, or one year of the time the patient or his representative discovered or reasonably should have discovered that the injury or condition was caused by said act or omission, whichever period expires later ....
Gunnier v. Yakima Heart Ctr., Inc., 134 Wn.2d 854, 864, 953 P.2d 1162 (1998).
CR 5(b)(2)(A) (service is “deemed complete” three days from mailing — in this case June 11, 2007, as June 9 was a Saturday).
Paulson v. Wahl, 10 Wn. App. 53, 57, 516 P.2d 514 (1973).
Beckman v. Wilcox, 96 Wn. App. 355, 359, 979 P.2d 890 (1999) (internal quotation marks omitted) (quoting Bonneville Assocs., Ltd. P’ship v. Barram, 165 F.3d 1360, 1364 (Fed. Cir. 1999)).
Whaley v. State, 90 Wn. App. 658, 669, 956 P.2d 1100 (1998) (citing Tank v. State Farm Fire & Cas. Co., 105 Wn.2d 381, 385, 715 P.2d 1133 (1986)): see also Yuille v. State, 111 Wn. App. 527, 533, 45 P.3d 1107 (2002) (following Whaley’s definition of “good faith”).
Sattler v. Nw. Tissue Ctr., 110 Wn. App. 689, 695, 42 P.3d 440 (2002) (internal quotation marks omitted) (quoting Nicoletta v. Rochester Eye & Human Parts Bank, Inc., 136 Misc. 2d 1065, 519 N.Y.S.2d 928, 930 (1987)).
9 Black’s Law Dictionary 713 (8th ed. 2004).
Marthaller v. King County Hosp. Dist. No. 2, 94 Wn. App. 911, 916, 973 P.2d 1098 (1999).
Whaley, 90 Wn. App. at 669.
RCW 7.70.100(1); Ulrich Boettger, Efficiency Versus Party Empowerment— Against A Good-Faith Requirement In Mandatory Mediation, 23 Rev. Litig. 1 (2004) (“Being open to a settlement is not an element of good faith.”).
RCW 7.70.150.
RCW 7.70.150(3).
RCW 7.70.150(5)(a).
16 RCW 7.70.150.
Final B. Rep. on Second Substitute H.B. 2292, at 7, 59th Leg., Reg. Sess. (Wash. 2006).
82 Wn. App. 253, 917 P.2d 577 (1996).
Hardesty, 82 Wn. App. at 259.
Reference
- Full Case Name
- Daniel E. Morris v. Swedish Health Services
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- 6 cases
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- Published