A doctor goes bungee jumping and injures his eye. He ends up having surgery on the eye.
He then performs a breast augmentation surgery for a patient, using saline implants. Later the patient notices rippling on her left upper breast. She goes back to the doctor who replaces the saline implants with gel implants. She is unhappy with the results and the doctor performs additional revision procedures.
The doctor’s vision changes and he seeks care, resulting in more surgery on his eye. The surgery is unsuccessful so he retires.
The woman then sues the doctor and argues he violated the Washington Consumer Protection Act (CPA) by not disclosing the eye problem.
Learned professions are not exempt from application of the CPA. However, the CPA applies only to the entrepreneurial or commercial aspects of professional services – such as marketing – but not the substantive quality of services provided. Malpractice claims directed at the competence of and strategies employed by a doctor or other professional amount to allegations of negligence and are exempt from the Consumer Protection Act.
The trial court dismissed the CPA claims and the Court of Appeals agreed.[1] The patient may still pursue a negligence claim, but not a CPA claim with its provisions for treble damages, attorney fees, and other relief.
A medical or other professional may be liable for malpractice, and depending on circumstances may also violate the Consumer Protection Act. If you believe you or someone you know may be a victim of professional negligence contact our office for a free case evaluation.
By personal injury attorney
[1] Dalien v. Jackson, unpublished (No. 39875-3-II).