Venue: |
WA SC
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Facts: |
Helling gets glaucoma at a younger-than-average age. The test is
quick, simple, and cheap, but the prevailing practice is not
to administer it to young-ish people. |
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Posture: |
Malpractice lawsuit; verdict for defendants at trial. Affirmed
on appeal. Petition for review is granted. |
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Issue: |
Should compliance with the prevailing standard of the profession
protect the defendants from liability? |
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Holding: |
Not as a strict matter of law. Reversed and remanded. |
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Rule: |
Basically the Hand formula. |
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Reasoning: |
When the test is so easy and the potential harm is so severe, just
do the test already. |
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Dicta: |
Utter (concurring): There's no moral judgment here, we're just
deciding how to spread the damages around. |
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