WA People
BILL · 2003–04 SESSION · LATEST VERSION ESSB 5209

SB 5209: Actions against hlth care

Concerning actions for injury or damage against a health care provider based upon professional negligence.

Summary

  • Makes the following changes relating to medical malpractice actions:
  • Caps non-economic damages at $350,000;
  • Limits contingency fees on a sliding scale basis;
  • Changes the applicable statute of limitations and tolling provisions;
  • Requires mandatory mediation without exception, unless subject to binding arbitration, and specifies the form of valid binding arbitration clauses;
  • Changes the rules relating to admissibility of collateral source payments;

From the Substitute House Bill Analysis (SSB 5209), written by the Legislature's nonpartisan staff. Read the full report ↗

Did not pass Did not pass · passed Senate, stalled in House
  1. IntroducedJan 20, 2003
  2. Out of committeeMar 5, 2003
  3. Passed SenateMar 13, 2003
  4. Passed Housestopped here
  5. Governor
  6. Law
Prime sponsor
Alex Deccio (R-14)
Introduced
January 20, 2003 in the Senate
Last action
March 1, 2004
Companion bill
HB 1643
Budget
Has a fiscal note
Versions
SB 5209, ESSB 5209

AN ACT Relating to actions against health care providers;

Sponsors

Prime sponsor: Alex Deccio (R-14)

12 co-sponsors (2 Democrats, 10 Republicans)

Marilyn Rasmussen D-2Shirley Winsley R-28Mike Hewitt R-16Senator D-35Bob Morton R-7Linda Evans Parlette R-12Val Stevens R-39Patricia Hale R-8Dale Brandland R-42Joyce Mulliken R-13Bob McCaslin R-4Bob Oke R-26

Votes

Senate · 3rd Reading & Final Passage

Passed March 13, 2003
Version voted on: ESSB 5209
30 Yea 19 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat61800
Republican24100
How each member voted
Permalink to this vote
3 other recorded votes (amendments, procedural motions)

Senate · 134 Franklin Striker

March 13, 2003
Version voted on: ESSB 5209
20 Yea 29 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat20400
Republican02500
How each member voted
Permalink to this vote

Senate · Amendment 135 by Franklin (page 3, line 26)

March 13, 2003
Version voted on: ESSB 5209
20 Yea 29 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat20400
Republican02500
How each member voted
Permalink to this vote

Senate · Amendment 184 by Brandland (page 3, line 26)

March 13, 2003
Version voted on: ESSB 5209
25 Yea 24 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat42000
Republican21400
How each member voted
Permalink to this vote

History

  1. Senate Rules "X" file. (ESSB 5209)
  2. By resolution, reintroduced and retained in present status. (ESSB 5209)
  3. By resolution, reintroduced and retained in present status. (ESSB 5209)
  4. By resolution, reintroduced and retained in present status. (ESSB 5209)
  5. By resolution, returned to Senate Rules Committee for third reading. (ESSB 5209)
  6. First reading, referred to Judiciary. (ESSB 5209)
  7. Third reading, passed; yeas, 30; nays, 19; absent, 0; excused, 0. (ESSB 5209)
  8. Floor amendment(s) adopted. (ESSB 5209)
  9. Rules suspended. Placed on Third Reading. (ESSB 5209)
  10. 1st substitute bill substituted. (ESSB 5209)
  11. 1st substitute bill substituted.
  12. Placed on second reading by Rules Committee. (ESSB 5209)
  13. Placed on second reading by Rules Committee.
  14. HEA - Majority; 1st substitute bill be substituted, do pass. (ESSB 5209)
  15. Minority; do not pass. (ESSB 5209)
  16. Passed to Rules Committee for second reading. (ESSB 5209)
  17. Passed to Rules Committee for second reading.
  18. Minority; do not pass.
  19. HEA - Majority; 1st substitute bill be substituted, do pass.
  20. Referred to Health & Long-Term Care.
  21. And refer to Health & Long-Term Care.
  22. JUD - Majority; without recommendation.
  23. Referred to Judiciary.
  24. And refer to Judiciary.
  25. HEA - Majority; without recommendation.
  26. First reading, referred to Health & Long-Term Care.

SB 5209 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

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