Miller v. Kennedy, 43388

Decision Date16 January 1975
Docket NumberNo. 43388,43388
Citation530 P.2d 334,85 Wn.2d 151
CourtWashington Supreme Court
PartiesRichard R. MILLER, Respondent, v. John A. KENNEDY, M.D., Petitioner.

Appeal from Court of Appeals, Division I; Keith M. Callow, Judge.

Davies, Pearson, Anderson, Gadbow & Hayes, P.S., Wayne J. Davies, Seattle, for petitioner.

Murray, Scott, McGavick, Gagliardi, Graves, Lane & Lowry, Edward M. Lane, Tacoma, for respondent.

PER CURIAM.

We granted a petition for review of the Court of Appeals' disposition of issues revolving about the doctrines of res ipsa loquitur and informed consent in a medical malpractice case. Miller v. Kennedy, 11 Wash.App. 272, 522 P.2d 852 (1974), petition for review granted, 84 Wash.2d 1008 (1974).

Our review of the record convinces us that the Court of Appeals did not err in its discussion or disposition of the issues involved. We can add nothing constructive to the well considered opinion of that court and, accordingly, approve and adopt the reasoning thereof.

The decision of the Court of Appeals is affirmed.

To continue reading

Request your trial
66 cases
  • Hook v. Rothstein
    • United States
    • South Carolina Court of Appeals
    • April 16, 1984
    ...in making his or her decision. See, e.g., Miller v. Kennedy, 11 Wash.App. 272, 522 P.2d 852, 863 (1974), aff'd per curiam, 85 Wash.2d 151, 530 P.2d 334 (1975); Wilkinson v. Vesey, 110 R.I. 606, 295 A.2d 676, 688 (1972). Medical testimony, however, may be required to establish the undisclose......
  • State v. ALLEN S.
    • United States
    • Washington Court of Appeals
    • December 17, 1999
    ...v. Metz, 101 Wash. 67, 72, 171 P. 1032 (1918), and Miller v. Kennedy, 11 Wash.App. 272, 291, 522 P.2d 852 (1974), aff'd, 85 Wash.2d 151, 530 P.2d 334 (1975) (italics in original). See also State v. Johnson, 90 Wash.App. 54, 64, 950 P.2d 981 (1998); State v. Agren, 28 Wash.App. at 9-10, 622 ......
  • Wheeldon v. Madison
    • United States
    • South Dakota Supreme Court
    • September 6, 1985
    ...v. Tongen, 262 N.W.2d 684, 702 (Minn.1977); Miller v. Kennedy, 11 Wash.App. 272, 283-284, 522 P.2d 852, 861 (1974), aff'd 85 Wash.2d 151, 530 P.2d 334 (1975). As stated by the Supreme Court of Appeals of West Virginia in Cross v. Trapp, [A]lthough expert medical testimony is not required un......
  • Sard v. Hardy
    • United States
    • Maryland Court of Appeals
    • November 9, 1977
    ...of the physician-patient relationship. Miller v. Kennedy, 11 Wash.App. 272, 522 P.2d 852, 860 (1974), aff'd per curiam, 85 Wash.2d 151, 530 P.2d 334 (1975); Woods v. Brumlop, 71 N.M. 221, 377 P.2d 520, 524 (1962). Whatever its source, the doctrine of informed consent takes full account of t......
  • Request a trial to view additional results
4 books & journal articles
  • Public Policy Over Metaphysics: Wrongful Birth and Wrongful Life in Harbeson v. Parke-davis, Inc
    • United States
    • Seattle University School of Law Seattle University Law Review No. 8-02, December 1984
    • Invalid date
    ...The doctrine was enunciated in Miller v. Kennedy, 11 Wash. App. 272, 289-90, 522 P.2d 852, 864 (1974), aff'd per curiam, 85 Wash. 2d 151, 530 P.2d 334 (1975), and was codified in 1976. The relevant statute provides:(1) The following shall be necessary elements of proof that injury resulted ......
  • Defending the informed consent case: analyzing the materiality of the risk, causation, and expert testimony requirements.
    • United States
    • Defense Counsel Journal Vol. 72 No. 4, October 2005
    • October 1, 2005
    ...(8) Smith v. Shannon, 666 P.2d 351, 355 (Wash. 1993) (quoting from Miller v. Kennedy, 522 P.2d 852, 864 (Wash. App. 1974), aff'd, 530 P.2d 334, (Wash. (9) Bronneke, 89 P.3d at 42-43. (10) Id. (11) See, e.g., Nixdorf v. Hicken, 612 P.2d 348, 352 (Utah 1980) (doctor lost needle inside a patie......
  • Automatic Consumer Protection Act Recovery for Lack of Informed Consent: Quimby v. Fine
    • United States
    • Seattle University School of Law Seattle University Law Review No. 11-02, December 1987
    • Invalid date
    ...the material fact test. See Miller v. Washington, 11 Wash. App. 272, 289-90, 522 P.2d 852, 864 (1974), affd per curiam, 85 Wash. 2d 151, 530 P.2d 334 (1975). If it had not done so, Qu.im.bywould allow the patient's "subjective" 20/20 hindsight to activate the Consumer Protection Act in lack......
  • Information privacy/information property.
    • United States
    • Stanford Law Review Vol. 52 No. 5, May 2000
    • May 1, 2000
    ...of whether nondisclosure was reasonable under the circumstances."); Miller v. Kennedy, 522 P.2d 852, 864 (Wash. Ct. App. 1974), aff'd, 530 P.2d 334 (Wash. 1975) (126.) One hurdle I have not discussed in text is the difficulty of defining the appropriate measure of damages for unauthorized d......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT