Ezell v. Hutson

In this medical negligence action, Robert and Virginia Ezell appeal from a defense judgment in favor of Dr. Scott Hutson. Despite settled precedent, they argue the giving of 6 Washington Pattern Jury Instructions: Civil 105.08, at 106 (3d ed. Supp. 1994) (WPI) on “error of judgment” was prejudicial error. We affirm.

FACTS

Dr. Hutson, an orthopedic surgeon, performed arthroscopic surgery on Mr. Ezell’s left knee. A staphylococcus infection was later discovered. Dr. Hutson treated the infection with Ancef, an antibiotic. Despite additional treatment, Mr. Ezell continued to experience infection.…