Jones v. Sisters of Providence in Washington, Inc.

The sole issue before this court in this medical malpractice action is whether reversal was required because an alternate juror participated in deliberations. We hold that under the facts of this case it was prejudicial error requiring reversal.

I

Facts

In June 1995, Frederick Jones brought a medical malpractice action against Drs. Susan Lo and Richard Foutch claiming that they were negligent for failing to diagnose Jones’ right leg ischemia.1 Jones also named Sisters of Providence as a defendant because both Drs. Lo and Foutch were working out of facilities owned by Providence when they treated…