A health care provider may be liable for breach of warranty if promised the patient or his representative that the injury suffered would not occur.[1]

This an adoption by statute of a common law cause of action based in contract.[2] A contract cause of action when medical exists where practitioners expressly promise to obtain a specific result or cure though a course of treatment or a procedure.

The cause of action is narrow.  The health care provider has to expressly and specially contract and guarantee particular results. The existence of a contract will not be inferred where a practitioner merely offers an opinion regarding the effect of a course of treatment.

A diagnosis or prognosis that is a medical opinion not related to a specific undertaking or a promised specific result or cure through a course of treatment or a procedure will not create liability for breach of contract.[3]

[2] Hansen v. Virginia Mason Med. Ctr., 113 Wn. App. 199(2002).

[3] Id.