George J. Daly, Jr. v. United States

EUGENE A. WRIGHT, Senior Circuit Judge:

This case turns on a single issue: Does an examining physician have a duty under Washington law to inform those examined of abnormal test results, absent a doctor-patient relationship? We find that such a duty exists. We affirm the district court’s holding on liability but remand for a recalculation of damages.

BACKGROUND

George Daly suffers from sarcoidosis, an incurable lung disease. The disease can be fatal, but once it is diagnosed, prompt treatment may halt its progress. The damage already suffered is irreversible. Daly did not receive an accurate…