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ELBER v. LARSON

No. 25669-3-III.

173 P.3d 990 (2007)

Norma ELBER, individually and as Personal Representative for the Estate of Roger Elber; Jonas Elber and Aimee Elber, adult children of Norma and Roger Elber, Appellants, v. Jeffrey J. LARSON, M.D., Respondent, Sacred Heart Medical Center, a Washington corporation; Steven Wolf, M.D.; Stuart Fealk, M.D.; and John Does and Jane Does 1-5, Defendants.

Court of Appeals of Washington, Division 3.

December 20, 2007.

Attorney(s) appearing for the Case

Richard Charles Eymann, Steven Lawrence Jones, Eymann Allison et al., Spokane, WA, for Appellants.

Brian T. Rekofke, Attorney at Law, Spokane, WA, Mary H. Spillane, William Kastner & Gibbs, Seattle, WA, for Respondent.

SWEENEY, C.J.

¶ 1 This is a medical malpractice suit. The trial judge summarily dismissed the complaint because he concluded that the plaintiff failed to show that the standard of care was the appropriate standard in the state of Washington. The essential question before us is whether the trial judge properly dismissed the complaint because the plaintiff failed to show that the standard of care applied by the plaintiff's expert physician was local to the state...

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