No. 21-163

George Cantu v. Providence Hospital, et al.

Lower Court: Washington
Docketed: 2021-08-04
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-rights discovery-rule due-process equal-protection healthcare-providers medical-malpractice right-to-jury-trial special-privileges-and-immunities statute-of-limitations
Key Terms:
DueProcess Securities JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Does Washington State's medical malpractice statute of limitations violate constitutional rights?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Does Washington State’s RCW 4.16.350(3), granting one year statute of limitations after discovering medical malpractice and eight year repose compared to three year discovery rule and unlimited repose statute of limitations in other bodily injury cases in RCW 4.16.080(2) violate constitutional rights to equal protection, due process, right to jury trial, and grant special privileges and immunities to health care providers versus their victims and contrary to the situation of other citizens of these United States? II. Did the Washington Courts, in dismissing and failing to reverse dismissal of Plaintiff’s medical malpractice case for failure to provide an expert opinion thereon, violate Mr. Cantu’s due process constitutional rights by denying application of the discovery rule extending the statute of limitations to join as a party the allegedly negligent anesthesiologist and by denying him litigation discovery information necessary for his Stanford University anesthesiology professor expert to support his case?

Docket Entries

2021-10-04
Petition DENIED.
2021-08-25
DISTRIBUTED for Conference of 9/27/2021.
2021-08-20
Waiver of right of respondent Sanjeev Vaderah, MD to respond filed.
2021-08-18
Waiver of right of respondent Providence Hospital to respond filed.
2021-08-02
Petition for a writ of certiorari filed. (Response due September 3, 2021)

Attorneys

George Cantu
William C. BudiganBudigan Law Firm, Petitioner
William C. BudiganBudigan Law Firm, Petitioner
Providence Hospital
Todd Wesley ReichertFAVROS Law, Respondent
Todd Wesley ReichertFAVROS Law, Respondent
Sanjeev Vaderah, MD
James Edyrn BakerMoberg Rathbone Kearns, Respondent
James Edyrn BakerMoberg Rathbone Kearns, Respondent