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Colvin v. Miyauchi12/18/1997
Washington Court of Appeals
No. 39327-8-I
1997.WA.42268
December 18, 1997
LARRY E. COLVIN AND MARCIA L. COLVIN, RESPONDENT,
v.
DALE Y. MIYAUCHI, M.D. AND JANE DOE MIYAUCHI AND THEIR MARITAL COMMUNITY; TOTEM LAKE FAMILY MEDICINE; A. THOMAS COLLINS, M.D. AND JANE DOE COLLINS, AND THEIR MARITAL COMMUNITY; NEUROLOGICAL ASSOCIATES OF WASHINGTON, RESPONDENTS
Source of Appeal: Appeal from Superior Court of King County Docket No: 95-2-08223-8 Judgment or order under review Date filed: 08/12/96 Judge signing: Hon. Robert S. Lasnik
Counsel Of Record: Counsel for Appellant(s) Michael J. Rasch Penthouse Suite 821 2nd Ave Seattle, WA 98104 John C. Dorgan PO Box 30184 Seattle, WA 98103 Counsel for Respondent(s) William G. Adams Hoffman Hart & Wagner 3740 Carillon Pt Kirkland, WA 98033
The opinion of the court was delivered by: Webster, J.
Concurring: Susan R. Agid William W. Baker
Larry and Marcia Colvin filed a medical malpractice claim against Dr. Dale Miyauchi, Totem Lake Family Medicine, Dr. A. Thomas Collins, and Neurological Associates of Washington. The defendant doctors moved for summary judgment for lack of competent expert medical testimony, claiming that only a specialist may testify regarding that standard of care applicable to another specialist and that the Colvins' evidence fails to establish proximate cause. The trial court awarded summary judgment for the defendants. The Colvins appeal, arguing that their expert testimony is competent and establishes prima facie evidence of proximate cause for both a breach of the standard of care and the duty to obtain informed consent.
Because the medical treatment at issue involved basic rather than specialty care, we find the Colvins' expert competent. But because this testimony was insufficient to establish proximate cause, summary judgment in favor of Drs. Collins and Miyauchi was appropriate as to the Colvins' negligence claim. We also affirm summary judgment on the informed consent claim because the expert testimony is too scant to establish a duty of disclosure.
FACTS
In late March 1992, Larry Colvin`s vehicle was rear-ended by another vehicle while he waited at a stop light. Despite a short period of unconsciousness, Colvin drove home from the accident. Marcia Colvin, Colvin's wife, then took Colvin to the Evergreen Hospital Medical Center emergency room, where Dr. G. Gross examined him. Colvin complained of neck, back, and shoulder pains. Dr. Gross diagnosed acute cervical strain and prescribed Naprosyn, a non-steroidal anti-inflammatory.
Due to worsening symptoms, Colvin visited orthopedic surgeon Dr. Alan Wilson nearly one week later. Dr. Wilson examined Colvin, but the results were unremarkable.
Three days later, Colvin saw Dr. Miyauchi, a board certified family practitioner affiliated with Totem Lake Family Medicine. Colvin complained of headaches, confusion, decreased ability to concentrate, irregularities in speech, dizziness, and noted vomiting four days following the accident. He also told the doctor that these symptoms began after the accident. Dr. Miyauchi examined Colvin and diagnosed post-concussive syndrome. He continued the Naprosyn prescription and added Robaxin, a muscle relaxer, warning against drowsiness. But Dr. Miyauchi ordered no further tests and instead advised Colvin to see Dr. Collins, a board ce
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