Miller v. Kennedy
Washington Court of Appeals
11 Wash. App. 272 (1974)
- Written by Brian Meadors, JD
Facts
Richard Miller (plaintiff) had been experiencing fatigue and other related symptoms. Miller consulted Dr. Kennedy (defendant), a specialist in internal medicine with subspecialties in the heart and nephrology. After examinations, Kennedy found that Miller had a heart block. Miller was hospitalized and placed in intensive care. Many tests were performed on Miller. Kennedy determined that Miller had a kidney problem, necessitating a kidney biopsy. Performing the kidney biopsy was not malpractice. Kennedy performed the biopsy, the procedure caused Miller’s kidney to fail, ultimately resulting in loss of the kidney. Miller claimed that Kennedy didn’t perform the biopsy correctly, violating the standard of care. Kennedy responded that the standard of care was met, and that the injury was the result of bad luck. Miller sued. At trial, Miller objected to the jury instruction given about informed consent. Miller argued the instruction improperly required a plaintiff to use medical testimony to prove a breach of a medical standard of disclosure. At trial, the jury found for Kennedy. Miller appealed.
Rule of Law
Issue
Holding and Reasoning (Callow, J.)
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