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FERGEN v. SESTERO

No. 30523-6-III.

298 P.3d 782 (2013)

174 Wn. App. 393

Dani FERGEN, individually and as personal representative of the Estate of Paul J. Fergen, and minors Brayden Fergen and Sydney Fergen, individually, Appellants, v. John D. SESTERO, M.D., individually and as an employee/shareholder/agent of defendant Spokane Internal Medicine, P.S., a Washington corporation, Respondent.

Court of Appeals of Washington, Division 3.

April 9, 2013.

Attorney(s) appearing for the Case

Mark Douglas Kamitomo , The Markam Group Inc. PS, Spokane, WA, George M. Ahrend , Ahrend Albrecht PLLC, Ephrata, WA, for Appellants.

James B. King , Evans, Craven & Lackie, P.S., Spokane, WA, Mary H. Spillane , Williams Kastner & Gibbs, Seattle, WA, for Respondent.

BROWN, J.

¶ 1 Dani Fergen appeals the defense verdict in her medical negligence action against John D. Sestero, M.D. and Spokane Internal Medicine, P.S. (collectively Dr. Sestero). She contends the trial court erred by instructing the jury on a physician's "exercise of judgment"1 because the instruction lacks substantial evidence. We disagree and decline Ms. Fergen's invitation to revise or abandon the standard instruction. Accordingly...

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