Gomez v. Sauerwein

Siddoway, A.C.J.

¶1 — Thirty-two-year-old Christina Palma Anaya died of fungal sepsis. Her estate appeals the trial court’s dismissal of its claim that Mark Sauerwein, MD, failed to obtain Ms. Anaya’s informed consent to the doctor’s decision to await a final blood test before acting on a preliminary test identifying yeast in her blood, which the doctor concluded must be in error. The estate’s alternative claim of medical negligence, asserting misdiagnosis by Dr. Sauerwein, was rejected by a jury.

¶2 At the heart of the parties’ disagreement is whether the decision in Gates v. Jensen, 92 Wn.2d…