Title 7 — Title 7 SPECIAL PROCEEDINGS AND ACTIONS

(1) As used in this section:(a) "Claim" has the same meaning as in RCW 48.140.010(1).(b) "Claimant" has the same meaning as in RCW 48.140.010(2).(c) "Commissioner" has the same meaning as in RCW 48.140.010(4).(d) "Medical malpractice" has the same meaning as in RCW 48.140.010(9).…

In any action under this section [chapter], an attorney that has drafted, or assisted in drafting and filing an action, counterclaim, cross-claim, third-party claim, or a defense to a claim, upon signature and filing, certifies that to the best of the party's or attorney's knowle…

This chapter applies to any cause of action for damages for personal injury or wrongful death based on alleged professional negligence in the provision of health care where all parties to the action have agreed to submit the dispute to arbitration under this chapter in accordance…

(1) Parties in an action covered under RCW 7.70A.010 may elect to submit the dispute to arbitration under this chapter in accordance with the requirements in this section.(a) A claimant may elect to submit the dispute to arbitration under this chapter by including such election i…

(1) An arbitrator shall be selected by agreement of the parties no later than forty-five days after: (a) The date all defendants elected arbitration in the answer where the parties elected arbitration in the initial complaint and answer; or (b) the date of the stipulation where t…

The arbitrator may conduct the arbitration in such manner as the arbitrator considers appropriate so as to aid in the fair and expeditious disposition of the proceeding subject to the requirements of this section and RCW 7.70A.050.(1)(a) Except as provided in (b) of this subsecti…

(1) An arbitration under this chapter shall be conducted according to the time frames specified in this section. The time frames provided in this section run from the date all defendants have agreed to arbitration in their answers where the parties elected arbitration in the init…

(1) The arbitrator shall issue a decision in writing and signed by the arbitrator within fourteen days after the completion of the arbitration hearing and shall promptly deliver a copy of the decision to each of the parties or their attorneys.(2) The arbitrator may not make an aw…

After a party to the arbitration proceeding receives notice of a decision, the party may file a motion with the court for a judgment in accordance with the decision, at which time the court shall issue such a judgment unless the decision is modified, corrected, or vacated as prov…

There is no right to a trial de novo on an appeal of the arbitrator's decision. An appeal of the arbitrator's decision is limited to the bases for appeal provided in RCW 7.04A.230(1) (a) through (d) and 7.04A.240, or equivalent provisions in a successor statute.[ 2006 c 8 s 312.]

The provisions of chapter 7.04A RCW do not apply to arbitrations conducted under this chapter except to the extent specifically provided in this chapter.[ 2006 c 8 s 313.]

See notes following RCW 5.64.010.

The legislature finds the assurance of quality and cost-effectiveness in the delivery of health care can be assisted through the review of health care by health care providers. It also recognizes that some peer review decisions may be based on factors other than competence or pro…

Pursuant to P.L. 99-660 Sec. 411(c)(2), Title IV of that act shall apply in Washington state as of July 26, 1987.[ 1987 c 269 s 2.]

(1) If the limitation on damages under RCW 7.71.020 and P.L. 99-660 Sec. 411(a)(1) does not apply, this section shall provide the exclusive remedies in any lawsuit by a health care provider for any action taken by a professional peer review body of health care providers as define…

(1) Except as provided for in subsection (2) of this section, at the conclusion of an action under RCW 7.71.030 the court shall award to the substantially prevailing party the costs of the suit attributable to any claim or defense asserted in the action by the nonprevailing party…

Nothing in this chapter limits or repeals any other immunities conferred upon participants in the peer review process contained in any other state or federal law.[ 1987 c 269 s 4.]

(1) A medical staff privilege sanction process that results in a revocation, suspension, or reduction of medical staff privileges or membership at a health care facility must meet the requirements of RCW 70.41.200(1)(b).(2) A professional peer review action taken by a health care…

For the purposes of this chapter, unless the context clearly indicates to the contrary:(1) Product seller. "Product seller" means any person or entity that is engaged in the business of selling products, whether the sale is for resale, or for use or consumption. The term includes…

(1) The previous existing applicable law of this state on product liability is modified only to the extent set forth in this chapter.(2) Nothing in this chapter shall prevent the recovery of direct or consequential economic loss under Title 62A RCW.[ 1981 c 27 s 3.]

(1) A product manufacturer is subject to liability to a claimant if the claimant's harm was proximately caused by the negligence of the manufacturer in that the product was not reasonably safe as designed or not reasonably safe because adequate warnings or instructions were not p…

(1) Except as provided in subsection (2) of this section, a product seller other than a manufacturer is liable to the claimant only if the claimant's harm was proximately caused by:(a) The negligence of such product seller; or(b) Breach of an express warranty made by such product…

(1) Evidence of custom in the product seller's industry, technological feasibility or that the product was or was not, in compliance with nongovernmental standards or with legislative regulatory standards or administrative regulatory standards, whether relating to design, constru…

(1) Useful safe life. (a) Except as provided in subsection (1)(b) hereof, a product seller shall not be subject to liability to a claimant for harm under this chapter if the product seller proves by a preponderance of the evidence that the harm was caused after the product's "use…

(1) Any manufacturer, packer, distributor, carrier, holder, marketer, or seller of a food or nonalcoholic beverage intended for human consumption, or an association of one or more such entities, shall not be subject to civil liability in an action brought by a private party based…

(1) The legislature finds and declares that:(a) The resolution of many disputes can be costly and complex in a judicial setting where the parties involved are necessarily in an adversary posture and subject to formalized procedures; and(b) Alternative dispute resolution centers c…

(1) A dispute resolution center may be created and operated by a municipality, county, or by a corporation organized exclusively for the resolution of disputes or for charitable or educational purposes. The corporation shall not be organized for profit, and no part of the net ear…

A dispute resolution center established under this chapter shall provide dispute resolution services either without charge to the participants or for a fee which is based on the participant's ability to pay.[ 1984 c 258 s 503.]Notes:Court Improvement Act of 1984—Effective dates—S…

(1) A county legislative authority may impose a surcharge of up to ten dollars on each civil filing fee in district court and a surcharge of up to fifteen dollars on each filing fee for small claims actions for the purpose of funding dispute resolution centers established under t…

(1) In conducting a dispute resolution process, a center established under this chapter shall require:(a) That the disputing parties enter into a written agreement which expresses the method by which they shall attempt to resolve the issues in dispute; and(b) That at the conclusi…

Regardless of any provision to the contrary in *chapter 42.17 RCW, all memoranda, work notes or products, or case files of centers established under this chapter are confidential and privileged and are not subject to disclosure in any judicial or administrative proceeding unless …

Any person who voluntarily enters a dispute resolution process at a center established under this chapter may revoke his or her consent, withdraw from dispute resolution, and seek judicial or administrative redress prior to reaching a written resolution agreement. The withdrawal …

A dispute resolution center established under this chapter may seek and accept contributions from counties and municipalities, agencies of the state and federal governments, private sources, and any other available funds, and may expend the funds to carry out the purposes of this…

Any applicable statute of limitations shall be tolled as to participants in dispute resolution at a center established under this chapter during the period which begins with the date of the participants' execution of the written agreement required by RCW 7.75.040(1)(a) and ends o…

Nothing in this chapter precludes any person or persons not operating under RCW 7.75.020 from providing dispute resolution services. However, the provisions of RCW 7.75.050, relating to confidentiality, and RCW 7.75.080, relating to statutes of limitation, apply only to proceedin…

(1) Members of the board of directors of a dispute resolution center are immune from suit in any civil action based upon any proceedings or other official acts performed in good faith as members of the board.(2) Employees and volunteers of a dispute resolution center are immune f…

In this chapter:(1) "Collaborative law communication" means a statement, whether oral or in a record, or verbal or nonverbal, that:(a) Is made to conduct, participate in, continue, or reconvene a collaborative law process; and(b) Occurs after the parties sign a collaborative law …

(1) This chapter applies to a collaborative law participation agreement that meets the requirements of RCW 7.77.030 signed on or after July 28, 2013.(2) The use of collaborative law applies only to matters that would be resolved in civil court and may not be used to resolve matte…

(1) A collaborative law participation agreement must:(a) Be in a record;(b) Be signed by the parties;(c) State the parties' intention to resolve a collaborative matter through a collaborative law process under this chapter;(d) Describe the nature and scope of the matter;(e) Ident…

(1) A collaborative law process begins when the parties sign a collaborative law participation agreement.(2) A tribunal may not order a party to participate in a collaborative law process over that party's objection.(3) A collaborative law process is concluded by a:(a) Resolution…

(1) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. Parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to s…

During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party or of a family or household member or intimate partner, as defined in RCW 7.105.010.[ 2021 c 215 s 91; 2020 c 29 s 1; 2013 c 119 s 7.]Notes:Eff…

A tribunal may approve an agreement resulting from a collaborative law process.[ 2013 c 119 s 8.]

(1) Except as otherwise provided in subsection (3) of this section, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter.(2) Except as otherwise provided in subsection (3) of this section …

(1) The disqualification of RCW 7.77.080(1) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality.(2) After a collaborative law process concludes, another lawyer in a law firm with which the collaborati…

Except as provided by law other than this chapter, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also sha…

(1) This chapter does not affect the professional responsibility obligations and standards applicable to a lawyer or other licensed professional or relieve a lawyer or other licensed professional from the duty to comply with all applicable professional responsibility obligations …

Before a prospective party signs a collaborative law participation agreement, the prospective party must:(1) Be advised as to whether a collaborative law process is appropriate for the prospective party's matter;(2) Be provided with sufficient information to make an informed deci…

(1) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party.(2) Throughout a col…

Subject to RCW 7.77.110, a collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this state other than this chapter.[ 2013 c 119 s 15.]