The Washington Supreme Court ruled that the state’s law requiring a certificate of merit for medical malpractice claims against state agents is facially unconstitutional.

The law governing claims for violations of accepted standard of care, RCW 7.70.150, was enacted in 2006 as part of a larger reform effort regarding medical malpractice cases. The statute requires that a plaintiff must file a certificate of merit from a health care provider stating that there is a reasonable probability that the defendant’s conduct did not follow the accepted standard of care required.