DALY v. U.S.

No. 90-35880.

946 F.2d 1467 (1991)

George J. DALY, Jr., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 22, 1991.


Attorney(s) appearing for the Case

Thomas O. Rice, Asst. U.S. Atty., Spokane, Wash., for defendant-appellant.

William D. Symmes, Witherspoon, Kelley, Davenport & Toole, Spokane, Wash., for plaintiff-appellee.

Before WRIGHT, BEEZER and WIGGINS, Circuit Judges.


EUGENE A. WRIGHT, Senior Circuit Judge:

This case turns on a single issue: Does an examining physician have a duty under Washington law to inform those examined of abnormal test results, absent a doctor-patient relationship? We find that such a duty exists. We affirm the district court's holding on liability but remand for a recalculation of damages.

BACKGROUND

George Daly suffers from sarcoidosis, an incurable lung disease. The disease can be fatal...

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