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Winbun v. Moore8/30/1999
Under RCW 4.16.350(3), a professional negligence claim against a health care provider absent "proof of fraud, intentional concealment, or a foreign body not intended to have a therapeutic or diagnostic purpose or effect" must be brought (1) within three years of the alleged injury-causing act or omission, or (2) within one year from the time the plaintiff discovers or with due diligence reasonably should have discovered that the injury was caused by the act or omission, whichever is later. In this case, it is undisputed that Gail Winbun and her husband did not file their cause of action against Dr. H. Stephen Epstein and his wife within three years of when Dr. Epstein last treated Winbun, and that Winbun first suspected that her injuries were caused by medical malpractice more than one year before she filed her cause of action against Dr. Epstein and his wife. In addition, based on her own experts' testimonies, Winbun cannot seriously dispute that she easily could have discovered Dr. Epstein's negligence by having an expert review a complete set of her hospital records. Therefore, there is no substantial evidence or reasonable inferences therefrom to sustain the jury's special verdict that Winbun neither discovered nor with due diligence reasonably should have discovered the factual basis of her cause of action against Dr. Epstein and his wife more than one year before she filed her cause of action against them. Accordingly, we hold that her cause of action against Dr. Epstein and his wife was barred by the statute of limitations as a matter of law, and reverse the Judgement against Dr. Epstein and his wife with prejudice.
STATEMENT OF FACTS
In February 1993, Gail Winbun began to suffer severe stomach and chest pains, headaches, and high blood pressure all of which she attributed to stress over her family's troubled financial situation. On March 24, 1993, Winbun went to see her family practitioner and former co-worker, Dr. Jane Moore. Dr. Moore told Winbun to reduce her smoking and caffeine consumption, and recommended some over-the-counter medications. On March 30, 1993, Dr. Moore diagnosed Winbun with dyspepsia and high blood pressure, and prescribed some medication for her. Winbun's symptoms persisted. On April 8, 1993, Dr. Moore's physician's assistant examined Winbun and admonished Winbun to take the medication as directed by Dr. Moore. On April 13, 1993, Dr. Moore prescribed blood pressure medication for Winbun.
On April 17, 1993, Winbun, complaining of severe abdominal pain, nausea, and difficulty breathing, was transported by ambulance to the emergency room at Highline Community Hospital. At the hospital, Dr. Carter D. Hill diagnosed her with pelvic inflammatory disease (PID), gave her a prescription for pain killers and antibiotics, and discharged her. At approximately 12:30 p.m. on April 19, 1993, Winbun returned to the emergency room at Highline Community Hospital. Because Dr. Hill had diagnosed Winbun with PID, he called Dr. H. Steven Epstein, the attending obstetrician/gynecologist on-call, to admit Winbun and treat her PID, thereby transferring Winbun from Dr. Hill's care to Dr. Epstein's care. Dr. Epstein ordered various treatments for Winbun, but did not come to the hospital to see her.
Throughout the evening and night, nurses made numerous calls to Dr. Epstein regarding Winbun's condition and treatment. At 10:30 p.m., Dr. Epstein learned that Winbun's kidneys were "shutting down" and ordered the insertion of a Foley catheter to monitor urine output. Dr. Epstein did not come to the hospital to see Winbun, but requested that Dr. Dennis Hansen, the cardiologist on-call, examine Winbun's rapid heartbeat.
Dr. Hansen examined Winb
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