Injury Claim Dismissed as Time Barred
In a recent decision the Washington Court of Appeals upheld dismissal of a personal injury claim as time barred.[1] The plaintiff’s attorney named and served Elizabeth Loeliger rather than Elisabeth Loeliger.
Continue readingWoman Sues Debt Collector for Wrongful Death
A Florida woman is suing debt collectors claiming they caused her husband’s death. She claims illegal debt collection tactics, such as high frequency calling and calling neighbors, caused so much emotional stress that her husband, who had a heart condition, died as a result. Her husband had suffered a heart attack and had been airlifted […]
Continue readingNew Trial Granted to Medical Malpractice Plaintiff After Juror Racial Comments
After a defense verdict in a medical malpractice case the plaintiff was granted a new trial based on racially based juror comments directed at the plaintiff’s attorney. The defendant doctor appealed the granting of the new trial. In a published opinion the Court of Appeals upheld the granting of a new trial.[1] The case is […]
Continue readingPersonal Injury and Medical Malpractice Claims not Subject to the Consumer Protection Act
In a recent decision the Washington Supreme Court held that the Consumer Protection Act does not apply to medical malpractice claims. Ambach v. French et. al., No. 81107-5, September 24, 2009.
Continue readingRescue Doctrine
Under the rescue doctrine a public entity has a special duty to exercise reasonable care after assuming a duty to warn or come to the aid of a particular plaintiff.[1] That special duty exists because a public entity’s assurances may induce reliance. A person who voluntarily promises to perform a service for another in need […]
Continue readingFailure to Enforce
Washington governmental entities are immune to liability under the public duty doctrine for duties owed to the public generally. “Failure to enforce” is a recognized exception to this rule.
Continue readingWashington Supreme Court Rules on “Dram Shop” Case
The Washington Supreme Court recently rendered a decision in a case concerning liability for over serving alcohol. In Washington commercial sellers of alcoholic beverages may be liable for damages to a third party suffered at the hands of a drunk driver on a theory of negligent over service of a person apparently under the influence […]
Continue readingCase Law and Personal Injury
It is common in politics to criticize courts for “legislating from the bench”. The argument is that courts have no role in formulating broad public policy. For most of the legal history of this and other English speaking countries in many areas of the law there was no legislation on point. Instead, the courts developed […]
Continue readingExpert Testimony
Expert testimony is generally required in a medical malpractice case to establish the standard of care and causation. The expert must practice in the same field of medicine, but not necessarily in the precise specialty.[1]
Continue readingInformed Consent
A medical provider may be liable for lack of informed consent. The test of informed consent has four elements: 1) That the health care provider failed to inform the patient of a material fact or facts relating to the treatment; 2) That the patient consented to the treatment without being aware of or fully informed […]
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