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HANSEN v. VIRGINIA MASON MEDICAL CENTER

No. 48156-8-I.

53 P.3d 60 (2002)

113 Wash.App. 199

Barbara HANSEN, individually and as personal representative of the Estate of Kurt Hansen; Brandon Hansen, an individual; and Ryan Hansen, an individual, Respondents, v. VIRGINIA MASON MEDICAL CENTER, a Washington nonprofit corporation; Lynne Taylor, M.D., Appellants.

Court of Appeals of Washington, Division 1.

September 3, 2002.

Attorney(s) appearing for the Case

Christopher Holmes Anderson, Fain Sheldon Et Al, Mary H. Spillane, William Kastner & Gibbs, Seattle, WA, for Appellant.

David Elliot Breskin, Mark S. Nadler, Daniel Johnson, Philip Albert Talmadge, Talmadge & Stockmeyer, Tukwila, WA, for Respondent.

SCHINDLER, J.

In this case, in response to the spouse's concern that her husband's death was imminent, the doctor allegedly told the patient and his family that the patient was not going to die within the year. Regardless of how this assurance by the doctor is interpreted, it is not a legally enforceable promise under RCW 7.70.030(2). A cause of action under RCW 7.70.030(2) requires an express undertaking or promise to obtain a specific result or cure through a procedure...

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