Dunnington v. Virginia Mason Med. Ctr.

This opinion was filed for record at 8'1 0(\G\n\ on m; 1Jl)(J 6~ciW- SUSAN L. CARLSON SUPREME COURT CLERK DAVID DUNNINGTON and JANET ) WILSON, . ) ) No. 91374-9 Petitioners, ) ) v. ) EnBanc ) VIRGINIA MASON MEDICAL CENTER; ) UNKNOWNJOHNDOESANDJOHN ) DOE CLINICS, ) ) Respondents. ) ) Filed FEB 0 2 2011 JOHNSON, J.-This case involves a medical malpractice action for a lost chance of a better outcome. The parties jointly sought direct discretionary review under RAP 2.3(b)(4), challenging two pretrial rulings. Two questions of law are before us: (1) whether a court should use a "but for" or…