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MILLER v. JACOBY

No. 70286-1.

33 P.3d 68 (2001)

Mary Lou MILLER, an individual, Petitioner, v. Karny JACOBY, M.D., and John Doe Jacoby, wife and husband, and the marital community composed thereof; Robert C. Ireton, M.D., and Jane Doe Ireton, husband and wife, and the marital community composed thereof; and Northwest Hospital, Respondents.

Supreme Court of Washington, En Banc.

Decided October 18, 2001.

Attorney(s) appearing for the Case

Stafford, Frey, Cooper, Marcus B. Nash, Kim M. Tran, Seattle, for Petitioner.

Reed, McClure, Sherry Hemmimg Rogers, Marilee C. Erickson, Seattle, Lybeck, Murphy, Lory Ray Lybeck, Kara Renee Masters, Mercer Island, Williams, Kastner & Gibbs, Mary H. Spillame, Daniel W. Ferm, Katharine Witter Brindley, Seattle, for Respondents.

IRELAND, J.

In this case, we review a Court of Appeals' decision affirming summary dismissal of Petitioner Mary Lou Miller's medical malpractice claims. At issue is whether expert medical testimony is necessary to a determination that health care providers' actions, in placing a Penrose drain in a patient's body during surgery and in not removing the entire drain postoperatively, constitute negligence.

Whether the drain was negligently placed during surgery...

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