[Download] "Bauer V. White" by Washington Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Bauer V. White
- Author : Washington Court of Appeals
- Release Date : January 13, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
This medical malpractice case pits the apparent categorical requirement of RCW 4.24.290 and RCW 7.70.040 for expert testimony to support a medical negligence claim against the long standing Washington rule that unintentionally leaving a foreign object in a surgical patient is negligence per se. McCormick v. Jones, 152 Wash. 508, 278 P. 181, 65 A.L.R. 1019 (1929). Dr. Travis White inadvertently left a 2"-inch pin in Margaret Bauer's tibia. Dr. White's expert opined that no standard of care required him to account for the pins following surgery. Mrs. Bauer did not respond with a contrary expert opinion. The trial Judge granted Dr. White's summary Judgement motion and dismissed the complaint. The question here is whether a patient must present an expert medical opinion that unintentionally leaving a foreign object in a surgical patient violates the standard of care for physicians in this state. We conclude that she need not, and reverse and remand for trial on the issues of causation and damages.
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