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MAGNEY v. TRUC PHAM

No. 96669-9.

466 P.3d 1077 (2020)

Logan MAGNEY, a minor; Caleb Magney, a minor; Brian Magney and Emily Magney, Petitioners, v. TRUC PHAM, MD; Ayumi I. Corn, MD; Liqun Yin, MD; and Incyte Diagnostics, a Washington corporation, Respondents.

Supreme Court of Washington.

Argued November 14, 2019.

Attorney(s) appearing for the Case

George M. Ahrend , Ahrend Law Firm PLLC, 100 E. Broadway Ave., Moses Lake, WA, Mark Douglas Kamitomo , Collin Michael Harper , The Markam Group Inc. PS, 421 W. Riverside Ave. Ste. 1060, Spokane, WA, for Petitioner.

Scott Matthew O'Halloran , Amanda Kathleen Thorsvig , Fain Anderson, et al., 1301 A. St. Ste. 900, Tacoma, WA, Jeffrey R. Galloway , Stephen Maurice Lamberson , Etter McMahon Lamberson Van Wert & Oresk, 618 W. Riverside Ave. Ste. 210, Spokane, WA, for Respondent.

¶1 This case concerns whether petitioners/parents waived the marital counseling privilege when they filed a claim for damages against the doctors who treated their infant son on the ground that the child was misdiagnosed with cancer. Prior to the alleged misdiagnosis, Brian and Emily Magney had engaged...

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