Gates V. Jensen - Supreme Court of Washington

Gates V. Jensen

By Supreme Court of Washington

  • Release Date - Published: 1979-05-31
  • Book Genre: Law
  • Author: Supreme Court of Washington
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Gates V. Jensen Supreme Court of Washington read online review & book description:

Petitioners in this suit for malpractice raise two important questions regarding a physician's duties of care and disclosure to a  patient, and the rules of law which apply when a physician allegedly breaches that duty. The first question is whether the doctrine of informed consent requires a physician to inform a patient of a bodily abnormality discovered during a routine examination and of diagnostic procedures which may be taken to determine the significance of that abnormality. The second question raised is whether the rule of Helling v. Carey, 83 Wash. 2d 514, 519 P.2d 981, 67 A.L.R.3d 175 (1974), that reasonable prudence may require a standard of care higher than that exercised by the relevant professional group, prevails even after the enactment of RCW 4.24.290. We answer both these questions affirmatively, reverse the trial court, and remand for a new trial.

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