Fast v. Kennewick Pub. Hosp. Dist.

Jamie Fast sought medical care because of difficulty conceiving and menstrual bleeding, which had been heavier and more prolonged than normal. Upon first consulting with Dr. Adam Smith, she noted on her medical history forms that her grandmother had diabetes and her parents had high cholesterol. In late March 2008, Dr. Smith confirmed Jamie was pregnant. Jamie bled for the first few months of pregnancy-visiting the emergency room at least once for bleeding. Jamie phoned Dr. Smith's office multiple times to inquire about her bleeding. Each time, Jamie went to Dr. Smith for an examination or she had an ultrasound at the hospital. After each checkup or ultrasound, Dr. Smith assured Jamie that everything was fine or normal. Neither Dr. Smith nor his nursing staff ever raised concerns about blood sugar, diabetes, high blood pressure, or weight loss during Jamie's pregnancy. At an August 2008 appointment, Dr. Gregory Schroff covered for Dr. Smith. Dr. Schroff discovered Jamie's blood glucose concentration was over six times the upper limit of normal. A second test confirmed the high result was not a fluke. Dr. Schroff admitted Jamie to the hospital for management of diabetes and pregnancy that same day. At the hospital, Dr. Schroff ordered intermittent fetal monitoring. The monitor detected fetal distress several times, indicating decelerations of the fetal heart rate. The nursing staff's response was to turn off the monitor, rather than to substitute a different monitor or to expedite delivery of the unborn child. Dr. Schroff failed to review fetal monitor strips. Nurses were unable to detect a fetal heartbeat; Jamie delivered a stillborn baby. She was diagnosed as an insulin-dependent type 2 diabetic since the stillbirth. The medical negligence statute of limitations (MNSOL) required filing a claim for medical negligence within three years of the allegedly negligent act or omission or within one year of when the negligence was or should have been discovered, whichever is later. The MNSOL may be tolled for one year upon the making of a good-faith request for mediation. The general torts catchall statute of limitations was also three years, but with no associated tolling provision. statute of limitations. Dr. Smith, joined by the other defendants, moved for summary judgment, because the Fasts’ wrongful death claim was barred by the general torts catchall statute of limitations and violation of a tort claim statute. The trial court granted summary judgment on both grounds. The Fasts appealed. After review, the Supreme Court held that in cases of wrongful death resulting from negligent health care, the MNSOL (RCW 4.16.350(3)) applied. View "Fast v. Kennewick Pub. Hosp. Dist." on Justia Law