Edward Joseph Bruya , Eric Roche Byrd , Bennett Bigelow & Leedom, P.S., 717 W. Sprague Ave., Ste. 1202, Spokane, WA, 99201, as Amicus Curiae on behalf of Washington Defense Trial Lawyers.
Gregory Mann Miller , Melissa Jean Cunningham , Carney Badley Spellman P.S., 701 5th Ave., Ste. 3600, Seattle, WA, 98104-7010, Martin Lowell Ziontz , Peizer & Ziontz P.S., 720 3rd Ave., Ste. 1600, Seattle, WA, 98104-1813, as Amicus Curiae on behalf of Washington State Medical Association.
Gregory Mann Miller , Melissa Jean Cunningham , Carney Badley Spellman P.S., 701 5th Ave., Ste. 3600, Seattle, WA, 98104-7010, Martin Lowell Ziontz , Peizer & Ziontz P.S., 720 3rd Ave., Ste. 1600, Seattle, WA, 98104-1813, as Amicus Curiae on behalf of Wash. Chapter — American College of Emergency Physicians.
Gregory Mann Miller , Melissa Jean Cunningham , Carney Badley Spellman P.S., 701 5th Ave., Ste. 3600, Seattle, WA, 98104-7010, Martin Lowell Ziontz , Peizer & Ziontz P.S., 720 3rd Ave., Ste. 1600, Seattle, WA, 98104-1813, as Amicus Curiae on behalf of Washington State Radiological Society.
Gregory Mann Miller , Melissa Jean Cunningham , Carney Badley Spellman P.S., 701 5th Ave., Ste. 3600, Seattle, WA, 98104-7010, Martin Lowell Ziontz , Peizer & Ziontz P.S., 720 3rd Ave., Ste. 1600, Seattle, WA, 98104-1813, as Amicus Curiae on behalf of Wash. State Podiatric Medical Association.
JOHNSON, J.
¶ 1 This case involves a medical malpractice action for a lost chance of a better outcome. The parties jointly sought direct discretionary review under RAP 2.3(b)(4), challenging two pretrial rulings. Two questions of law are before us: (1) whether a court should use a "but for" or "substantial factor" standard of causation in loss...
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