Physicians and Surgeons—Malpractice—Court Disregard for the Standard of the Profession—The Legislative Response—Helling v. Carey, 83 Wn. 2d 514, 519 P.2d 981 (1974); Wash. Rev. Code § 4.24.290 (Supp. 1975)

Authors

Alan J. Peizer

Abstract

This note will examine the relationship between the standard of care and the role of expert medical testimony in medical malpractice actions, discuss various interpretations of the Helling decision, and suggest the most practical of those interpretations, particularly in light of the subsequent enactment of R.C.W. § 4.24.290.5 The purpose of this statute was to nullify the Helling decision and re-establish the pre-Helling standards of negligence in medical malpractice cases. As will be demonstrated, although the statute in large part succeeds in allaying the fears of medical practitioners and defense attorneys which were induced by Helling v. Carey, the case retains significance in its potential for expanding lay participation in determining the applicable standard of care in medical malpractice cases.

First Page

167

Recommended Citation

Alan J. Peizer, Recent Developments, Physicians and Surgeons—Malpractice—Court Disregard for the Standard of the Profession—The Legislative Response—Helling v. Carey, 83 Wn. 2d 514, 519 P.2d 981 (1974); Wash. Rev. Code § 4.24.290 (Supp. 1975), 51 Wash. L. Rev. 167 (1975).
Available at: https://digitalcommons.law.uw.edu/wlr/vol51/iss1/7