HERSKOVITS v. GROUP HEALTH

No. 48034-6.

99 Wn.2d 609 (1983)

664 P.2d 474

EDITH E. HERSKOVITS, as Personal Representative, Appellant, v. GROUP HEALTH COOPERATIVE OF PUGET SOUND, Respondent.

The Supreme Court of Washington, En Banc.

May 26, 1983.


Attorney(s) appearing for the Case

Leonard W. Schroeter and Janet Lane Eaton (of Schroeter, Goldmark & Bender), for appellant.

Williams, Lanza, Kastner & Gibbs, Joel D. Cunningham, and Mary H. Spillane, for respondent.

Bryan P. Harnetiaux and Robert H. Whaley on behalf of Washington Trial Lawyers Association, amici curiae for appellant.


DORE, J.

This appeal raises the issue of whether an estate can maintain an action for professional negligence as a result of failure to timely diagnose lung cancer, where the estate can show probable reduction in statistical chance for survival but cannot show and/or prove that with timely diagnosis and treatment, decedent probably would have lived to normal life expectancy.

Both counsel advised that for the purpose of this appeal we are to assume that...

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