Helling v. Carey

1974

Venue: WA SC

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.

Posture: Malpractice lawsuit; verdict for defendants at trial. Affirmed on appeal. Petition for review is granted.

Issue: Should compliance with the prevailing standard of the profession protect the defendants from liability?

Holding: Not as a strict matter of law. Reversed and remanded.

Rule: Basically the Hand formula.

Reasoning: When the test is so easy and the potential harm is so severe, just do the test already.

Dicta: Utter (concurring): There's no moral judgment here, we're just deciding how to spread the damages around.