Yet a scant two years later, that historic compromise is being threatened as we find ourselves back in Olympia fighting off efforts to expand liability.

Physicians are understandably upset that the Legislature is blowing a hole in the 2006 accord. Though the Washington State Medical Association negotiated in good faith with the governor and the Washington State Trial Lawyers Association, we are now in an uphill battle to stop HB 1873 which will bring about more liability exposure by expanding the state’s wrongful death statutes.

Doctors are frustrated and upset, but taxpayers should be downright outraged. It’s been estimated that HB 1873 will cost taxpayers millions of dollars each year to cover the extra litigation it will generate.

But, never fear: The lawyers will walk away with their third of that money even though state revenues are down and the state is having trouble covering basic health care costs for children and fully funding the education system.

At the state level, the attorney general’s office estimates that HB 1873 will add $1.25 million to many of the wrongful death cases it handles every year. The AG’s estimate takes into account past experience, but HB 1873 will invite more lawsuits – up to 80 percent more by one independent estimate – in addition to increasing the cost to settle each claim.

And those are just the costs at the state level. Local governments, which are already stretched thin, will also feel the pinch. The Association of Washington Cities Risk Management Services Agency estimated an additional payout of $2 million per case.

Like physicians, local governments provide services that are inherently risky. Medical care by its very nature carries a high degree of risk. There’s also high risk in providing police and fire protection, lifeguards for the city pool and transportation services. Because of the high risk of the services provided, the exposure of physicians and local government entities is already high. HB 1873 increases the exposure exponentially.

There is nothing worse than the loss of a loved one. A death that occurs as the result of negligence must be taken seriously. Yet, as in all matters of public policy, resources are limited and we have to make balanced choices that are fair to everyone.

The current wrongful-death statutes are fair and are working well. Current laws protect the interests of a deceased person’s primary relationships – spouse, children or parents if the deceased is under 18. The laws also protect the interests of parents who are financially dependent on an adult child.

Yet, proponents of the bill want to expand liability by adding to the list of individuals who can file a claim and recover damages.

The measure would remove the age limitation and allow parents to file claims for their adult children, presenting a potential situation in which spouses and children will compete with a parent for recovery of damages. Compounding the impact of HB 1873, it would now allow the recovery of noneconomic damages as well as economic damages in all wrongful death cases.

In January, Democratic New Jersey Gov. Jon Corzine vetoed similar legislation. In his veto message, Corzine noted that the measure was just too costly for local government budgets. Significantly, he also said the measure would hamper efforts to attract and grow business in his state.

Gregoire stepped in two years ago to help broker an accord that benefited the public. She needs to step in again and give some direction to the Legislature before HB 1873 completely undermines the liability reforms forged in 2006.

Dr. Brian Wicks, an orthopedic surgeon in Silverdale, is president of the Washington State Medical Association.

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