Revised Code of Washington
Chapter 7.70 - Actions for Injuries Resulting From Health Care.
7.70.160 - Frivolous claims.

RCW 7.70.160
Frivolous claims.

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 knowledge, information, and belief, formed after reasonable inquiry it is not frivolous, and is well-grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause frivolous litigation. If an action is signed and filed in violation of this rule, the court, upon motion or upon its own initiative, may impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the action, counterclaim, cross-claim, third-party claim, or a defense to a claim, including a reasonable attorney fee. The procedures governing the enforcement of RCW 4.84.185 shall apply to this section.

[ 2006 c 8 § 316.]
NOTES:

Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.

Structure Revised Code of Washington

Revised Code of Washington

Title 7 - Special Proceedings and Actions

Chapter 7.70 - Actions for Injuries Resulting From Health Care.

7.70.010 - Declaration of modification of actions for damages based upon injuries resulting from health care.

7.70.020 - Definitions.

7.70.030 - Propositions required to be established—Burden of proof.

7.70.040 - Necessary elements of proof that injury resulted from failure to follow accepted standard of care—COVID-19 pandemic.

7.70.050 - Failure to secure informed consent—Necessary elements of proof—Emergency situations.

7.70.060 - Consent form—Contents—Prima facie evidence—Shared decision making—Patient decision aid—Failure to use.

7.70.065 - Informed consent—Persons authorized to provide for patients who do not have capacity—Priority—Unaccompanied homeless minors.

7.70.068 - Informed consent—May be contained in mental health advance directive.

7.70.070 - Attorneys' fees.

7.70.080 - Evidence of compensation from other source.

7.70.090 - Hospital governing bodies—Liability—Limitations.

7.70.100 - Mandatory mediation of health care claims—Procedures.

7.70.110 - Mandatory mediation of health care claims—Tolling statute of limitations.

7.70.120 - Mandatory mediation of health care claims—Right to trial not abridged.

7.70.130 - Mandatory mediation of health care claims—Exempt from arbitration mandate.

7.70.140 - Medical malpractice closed claim reporting requirements.

7.70.150 - Actions alleging violation of accepted standard of care—Certificate of merit required.

7.70.160 - Frivolous claims.