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FERGEN v. SESTERO

Nos. 88819-1, 89192-3.

346 P.3d 708 (2015)

182 Wn.2d 794

Dani FERGEN, individually and as personal representative of the Estate of Paul J. Fergen, and minors, Brayden Fergen and Sydney Fergen, individually, Petitioners, v. John D. SESTERO, M.D., individually, and as an employee/shareholder/agent of Defendant Spokane Internal Medicine and Spokane Internal Medicine, P.S., a Washington corporation, Respondents. Anil Appukuttan, Appellant, v. Overlake Medical Center, Puget Sound Physicians, PLLC, Alan B. Brown, M.D., Marcus Trione, M.D., and Tina Neiders, M.D., Respondents.

Supreme Court of Washington, En Banc.

March 12, 2015.

Attorney(s) appearing for the Case

John Budlong , Law Offices of John Budlong, Tara L. Eubanks , The Budlong Law Firm, Edmonds, WA, for Appellant.

Mark Douglas Kamitomo , The Markam Group Inc. PS, Spokane, WA, George M. Ahrend , Ahrend Law Firm PLLC, Ephrata, WA, for Petitioner, and for Other Parties.

James B. King , Evans, Craven & Lackie, P.S., Spokane, WA, Mary H. Spillane , Fain Anderson, et al, John Coleman Graffe Jr. , Johnson Graffe Keay Moniz, Christopher Holmes Anderson , Fain Anderson VanDerhoef PLLC, Lee Miller Barns , McIntyre & Barns PLLC, Seattle, WA, Philip Matthew Demaine , Attorney at Law, Tacoma, WA, for Respondent.

David P. Gardner , Winston & Cashatt, Bryan Patrick Harnetiaux , Attorney at Law, Spokane, WA, amicus counsel for Washington State Association for Justice Foundation.

Gregory Mann Miller , Carney Badley Spellman PS, Seattle, WA, amicus counsel for Washington State Medical Association, and Washington State Hospital Association.

¶ 1 "The most critical element of most medical malpractice claims based on negligence... is the standard of care owed by the doctor to his or her patient." Watson v. Hockett, 107 Wn.2d 158, 162, 727 P.2d 669 (1986). In order to provide a lay jury with...

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