Teeter v. Lawson

Dr. Lawson appeals the trial court's dismissal of his statute of limitation defense. The issue is whether the 1971 medical malpractice statute of limitation, RCW 4.16.350, abrogated the "discovery rule" as it was announced by the Supreme Court in Ruth v. Dight, 75 Wn.2d 660, 453 P.2d 631 (1969). We agree with the trial court that the legislature altered the common-law "discovery rule," and affirm the judgment. The 1971 statute contained the discovery rule, but not the reasonable diligence requirement.

The action arose out of minor surgery performed by Dr. Lawson in March of 1972 to remove…