Washington hospitals facing the ongoing issue of dealing with “complex discharge” patients may have an even more fraught pathway forward following the 2024 Washington State Legislative Session. The passage of one bill (2SSB 5825[1]) and the failure to pass another (SB 5665[2]) may complicate the options hospitals have in meeting the needs of complex discharge patients who need a court-appointed guardian to help them transition out of the hospital.
Kevin Khong
Kevin is a Partner with the firm who practices in the trust and estate litigation practice group and who also specializes in civil appeals for a number of different legal practice areas.
Analysis and Impact of April 2024 Supreme Court Medical Malpractice Decision Estate of Essex v. Grant County Pub. Hosp. Dist. No. 1
The Washington Supreme Court’s unanimous decision on April 11, 2024, in Estate of Essex v. Grant County Pub. Hosp. Dist. No. 1, No. 101745-6 significantly expands the scope of hospital liability and raises questions about the corporate practice of medicine doctrine. This opinion is bound to alter hospital claims for years to come.
Analysis and Impact of Latest WA Supreme Court Medical Malpractice Decision M.N. & G.T. v MultiCare Health System, Inc.
In a 5-4 decision on January 18, 2024, the Washington Supreme Court reversed both the Court of Appeals and the Pierce County Superior Court in M.N. & G.T. v MultiCare Health System, Inc., No. 101537-2 with holdings bound to make waves in the medical malpractice field related to class action lawsuits for personal injury cases. […]
Important Considerations for Seeking a Vulnerable Adult Protection Order in Washington State
In Washington State, there are six types of civil protection orders which are aimed at protecting specific classes of individuals in unsafe and particularly susceptible situations. These situations include those involving: Domestic Violence; Sexual Assault; Stalking; Harassment; Extreme Risk with firearms; and Vulnerable adults who face threats of physical/mental/financial harm. These different types of civil […]
#FreeBritney and I Care A Lot: How Conservatorships and Guardianships Can Be Used to Protect (and How to Protect Yourself From Needing One).
The New York Times’ new docuseries episode on Britney Spears, “Framing Britney Spears”, the #FreeBritney movement, and the popularity of Netflix movie “I Care a Lot,” have spotlighted conservatorships and guardianships in mainstream media and culture. Now more than ever, there is a sudden interest in conservatorships and guardianships, how they work, why they were […]
COVID-19 & Trusts, Estates and Vulnerable Adult Litigation
Covid-19 has disrupted the lives of many individuals and none more so than our vulnerable and elderly friends and family. The majority of proceedings related to litigation involving trusts, estates, guardianships, powers-of-attorney, and vulnerable adult protection orders occur in the Ex-Parte Department of the Superior Court. The Trust and Estate Litigation team at Helsell Fetterman […]
The Effect of Lost or Destroyed Wills
A lost or destroyed original will can unravel the best laid plans of a person trying to specifically avoid ambiguity when it comes to his/her testamentary intent. Washington State adopts the common-law presumption of animo revocandi (latin for “with intent to revoke”) that a lost or destroyed will was purposefully revoked. Probating a will when […]