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.
The plaintiff argued that the doctor committed malpractice by, among other allegations, performing a more expensive surgery that allegedly was not necessary. The injury victim argued that the increased costs of the more expensive and unnecessary surgery constitutes a violation of the Consumer Protect Act, which allows the court to enter a judgment for treble damages.
The Court of Appeals accepted this argument and ruled in favor of the plaintiff. The Washington Supreme Court overruled the Court of Appeals and ruled that the damages are the same as those sought in personal injury claims and that the Consumer Protection Act does not apply to personal injury claims.