Elber v. Larson

¶1 — This is a medical malpractice suit. The trial judge summarily dismissed the complaint because he concluded that the plaintiff failed to show that the standard of care was the appropriate standard in the state of Washington. The essential question before us is whether the trial judge properly dismissed the complaint because the plaintiff failed to show that the standard of care applied by the plaintiff’s expert physician was local to the state of Washington. We conclude that the plaintiff’s expert adequately showed that the standard of care in Washington is the same as the national…