Defendant's Attorney: Not Available

Description: Port Angeles, Washington, personal injury lawyer represented the Plaintiff on a medical malpractice claim.

In 2019, Millett received medical care from Dr. Alexa Yager at OMC. In 2022, Millett's counsel sent letters to Yager and OMC demanding mediation for negligent treatment that occurred "on or about July 21, 2019 and continuing thereafter." Clerk's Papers (CP) at 14-15. The letters were addressed to "939 Caroline Street, Port Angeles, WA 98362." CP at 14-15. OMC's counsel acknowledged receipt of the letter and requested authorization to access Millett's medical records. On July 9, 2023, Millett's counsel completed the statutory claim form on OMC's website and mailed it to OMC at 939 Caroline Street, Port Angeles, WA 98362 and e-mailed it to Scott Beimer,

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Legal issue Did the trial court err in dismissing a medical malpractice claim due to insufficient service of process on a hospital district and its alleged waiver of the defense?
Headnote

CIVIL PROCEDURE. SUFFICIENCY OF SERVICE. The case addresses whether the appellant properly served the hospital district and its employee in a medical malpractice claim, and examines if the service of process complied with statutory requirements under Washington law.

CIVIL PROCEDURE. WAIVER OF DEFENSE. This case considers whether the hospital district waived its defense of insufficient service by engaging in litigation activities or failing to timely assert the defense, contrary to Washington legal standards for waiver of such defenses.

Key Phrases Medical malpractice claim. Insufficient service of process. Summary judgment dismissal. Hospital district service. Waiver of defense.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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