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BAUER v. WHITE

No. 17369-1-III.

976 P.2d 664 (1999)

Margaret BAUER and Harold Bauer, wife and husband, individually and the marital community composed thereof, Appellants, v. Travis E. WHITE, M.D., Respondent.

Court of Appeals of Washington, Division 3, Panel Nine.

May 13, 1999.

Attorney(s) appearing for the Case

Keith S. Douglass, Kaiser & Douglass, Spokane, Patrick K. Fannin, Seattle, for Appellants.

Dan W. Keefe, Keefe, King & Bowman, Spokane, for Respondent.

SWEENEY, J.

This medical malpractice case pits the apparent categorical requirement of RCW 4.24.290 and RCW 7.70.040 for expert testimony to support a medical negligence claim against the long standing Washington rule that unintentionally leaving a foreign object in a surgical patient is negligence per se. McCormick v. Jones, 152 Wn. 508, 278 P. 181, 65 A.L.R. 1019 (1929). Dr. Travis White inadvertently left a 2¼-inch pin in Margaret Bauer's tibia. Dr...

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