Hash by Hash v. Children's Orthopedic Hosp. and Medical Center
| Court | United States State Supreme Court of Washington |
| Citation | 757 P.2d 507,110 Wn.2d 912 |
| Decision Date | 07 July 1988 |
| Docket Number | No. 54570-7,54570-7 |
| Parties | Joanne Marie HASH, a Minor, by her Guardian ad Litem, Toni HASH, Respondent, v. CHILDREN'S ORTHOPEDIC HOSPITAL AND MEDICAL CENTER, a corporation, Petitioner. |
Page 912
HASH, Respondent,
v.
CHILDREN'S ORTHOPEDIC HOSPITAL AND MEDICAL CENTER, a
corporation, Petitioner.
En Banc.
As Amended on Denial of Reconsideration Oct. 4, 1988.
Reed, McClure, Moceri, Thonn & Moriarty, William R. Hickman, Heather Houston Reeve, Seattle, for petitioner.
Miracle, Pruzan & Morrow, Howard P. Pruzan, Seattle, for respondent.
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Philip J. VanDerhoef, Mr. John W. Schedler, Seattle, amicus curiae, on behalf of Washington Defense Trial Lawyers Ass'n for Petitioner.
GOODLOE, Justice.
This is an action to determine the propriety of a summary judgment in favor of respondent Children's Orthopedic Hospital (COH) finding no liability for the fracture of the respondent Joanne Marie Hash's left femur during a physical therapy session. We affirm the Court of Appeals holding that the summary judgment was improper.
Joanne Marie Hash was a 6-year-old patient undergoing physical therapy for rheumatoid arthritis at COH when she suffered "a proximal shaft fracture with displacement of the left femur." Clerk's Papers, at 2. In her complaint Hash alleged that the fracture was caused by the negligence of the hospital through its physicians and physical therapists.
COH answered the complaint setting out several affirmative defenses, including the allegation that the fracture did not result from any negligence or wrongful conduct on the part of the COH.
On April 19, 1985, COH moved for summary judgment. The motion was supported by two affidavits of Dr. Carol A. Wallace, a pediatric rheumatologist licensed to practice in the state of Washington. [757 P.2d 508] In her March 20, 1985 affidavit Dr. Wallace stated that Hash had suffered from polyarticular juvenile rheumatoid arthritis since she was 2 1/2 years of age and had been referred to COH for "intensive physical therapy and surgical release of flexion contractures of the hip and knees"; that according to her medical history, Hash had progressed well at COH until her femur was fractured during a physical therapy session; that "[v]igorous and intensive physical therapy is a treatment of choice for patients with contractures due to muscle spasms"; that
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patients such as [Hash] have weaker bones than normal due to demineralization and that without vigorous physical therapy the patient's bones and range of motion can further deteriorate; and that "[a] vigorous physical therapy program for a patient such as [Hash] conforms to sound medical practice and to the standard of care of a reasonably prudent rheumatologist." Clerk's Papers, at 10-11. The affidavit concludes that "[t]he physical therapy program prescribed and administered to Joanne Hash at COH met the standard of reasonably prudent care in Washington in 1982." Clerk's Papers, at 11.In her May 20, 1985 affidavit, Dr. Wallace added that "[i]t is possible for a child to suffer a fractured bone during physical...
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