Gomez v. Sauerwein

J.M. Johnson, J.*

¶1 This case asks whether Washington’s informed consent statute, RCW 7.70.050, applies when a health care provider misdiagnoses the patient’s condition. We must decide whether the legislature intended to provide recovery to plaintiffs who allege both negligence and informed consent violations based on the same set of facts.

¶2 We hold that when a health care provider rules out a particular diagnosis based on the patient’s clinical condition — including test results, medical history, presentation upon physical examination, and any other circumstances surrounding the patient’s…