Seattle Attorney Dan Fiorito Argues Pivotal Medical Malpractice Case Before Washington Supreme Court
June 26, 2025
Seattle, WA –— Dan N. Fiorito III, a Seattle-based trial attorney with deep expertise in medical malpractice and serious personal injury law, recently presented oral argument before the Washington Supreme Court in Timothy Martin v. Department of Corrections. The case raises a constitutional challenge to RCW 7.70.150’s requirement of a “certificate of merit” for malpractice claims filed against state-employed medical providers.
In federal court, Timothy Martin sustained serious injuries while incarcerated at Monroe Correctional Complex. When his attempts to obtain timely medical care failed, he filed claims under 42 U.S.C. § 1983 and Washington state malpractice law. The federal district court certified critical questions to the state Supreme Court: whether the certificate-of-merit requirement is facially invalid under Washington’s constitution and whether it applies equally to public and private medical providers.
During oral argument, Mr. Fiorito emphasized that:
“The State’s position would make it harder to sue a government doctor than a private one. That violates the principles of equal protection and access to the courts enshrined in our state constitution.”
He urged the Court to reaffirm Putman v. Wenatchee Valley Medical Center, a 2009 decision that invalidated the certificate-of-merit statute in private malpractice actions. Mr. Fiorito argued that allowing the law to apply to public healthcare providers would erect unconstitutional barriers for incarcerated individuals seeking justice.
On May 26, 2022, the Washington Supreme Court issued its opinion, concluding that RCW 7.70.150 is facially invalid. The Court held that the statute’s language fails to differentiate between public and private defendants, rendering the certificate-of-merit requirement unconstitutional when applied to state-employed medical providers.
▶️ Watch the Oral Argument
A full recording of the oral argument—including Mr. Fiorito’s remarks—can be viewed on the Washington Courts website via TVW’s archived video for March 10, 2022:
Timothy Martin v. WA State Department of Corrections — TVW, March 10, 2022 (1:00 PM session)
About Dan N. Fiorito III
Dan Fiorito is the founding attorney of the Law Office of Dan N. Fiorito III. With over two decades of trial experience, he represents individuals and families in complex medical malpractice, catastrophic personal injury, and civil rights cases across Washington. A magna cum laude graduate of Seattle University School of Law, Dan is an Eagle Member of the Washington State Association for Justice and is admitted in state and federal courts in both Washington and California.
For more information or to learn about Dan’s practice, visit danfioritolaw.com.