Dr. Wilson was a 35-year-old physician who experienced a bout of nausea, vertigo, and speech problems. Her father was also a doctor. Neither she nor her physician father could identify the problem.
She went to a local hospital for treatment. She was treated in the emergency room by another physician, Dr. Grant. The emergency room physician treated Dr. Wilson for migraine headaches. Dr. Wilson had a history of migraine headaches.
Dr. Grant gave Dr. Wilson a drug called Imitrex. It improved the vertigo but not the headache. The headache worsened. Dr. Grant again administered Imitrex.
Dr. Wilson then began having multiple seizures and her oxygen levels dropped. She was eventually transferred to another hospital where physicians concluded that Dr. Wilson was actually suffering from a serious condition that was complicated by administration of Imitrex.
Dr. Wilson’s condition progressively declined to a vegetative state. She died on April 5, 2006.
Her estate brought an action for wrongful death against Dr. Grant and the hospital.
Under Washington wrongful death law claims for non-economic damages such as pain and suffering may only be brought if the deceased left certain statutorily enumerated types of heirs – namely, a spouse or domestic partner, children, or parents or siblings if they were dependent on the deceased. Dr. Wilson had no such heirs.
Dr. Grant argued that the estate could not recover economic damages, either.
The Washington Court of Appeals held that the statute in question, referred to as the general survivor statute, preserves claims made by the estate for economic damages. Therefore the estate could bring an action for the wages Dr. Wilson would have earned had she lived her full life expectancy.
The Court overturned the trial court’s summary judgment dismissal, meaning the estate is entitled to a trial on the issue of malpractice, and if malpractice is found then to economic damages.[1]
Wrongful death claims, in addition to being emotionally traumatic, are legally complicated. There are four interrelated statutory causes of action for wrongful death under Washington law. Each requires separate analysis on the facts of a given situation.
For further information seek the advice of an attorney.