 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Douglas v. Freeman8/15/1991
Facts of Case
At issue in this case is whether there was sufficient evidence to support the jury's finding of corporate negligence on the part of Providence Dental Clinic.
On April 27, 1981, Deborah Douglas, plaintiff herein, went to the Providence Dental Clinic (hereafter referred to as the clinic) because of discomfort in the lower left side of her mouth. She saw Dr. Candice McMullan, director of the clinic and a University of Washington Dental School faculty member. Dr. McMullan examined plaintiff and recommended that her three wisdom teeth be extracted.
Plaintiff returned to the clinic on April 29, 1981. She testified that a dental assistant escorted her into a room, asked if she had taken the prescribed medications, put a bib on her and some instruments on a tray, and left. According to plaintiff, the assistant returned to the room only to give her postoperative instructions after the extractions were complete. Dr. Mark Freeman, whom plaintiff had not met previously, extracted her wisdom teeth. After the extractions, plaintiff's tongue and mouth felt numb. It was later determined that her lingual nerve was damaged during the extractions, severely limiting her ability to taste and feel on the right side of her tongue and mouth.
At the time of the extractions, Dr. Freeman was practicing dentistry at the clinic pursuant to a University of Washington residency program. Residents enrolled in the program rotate to various dental clinics in Seattle. Dr. Freeman had graduated from dental school and had passed regional dental board examinations, but was not licensed to practice dentistry in Washington. At the clinic, Dr. Freeman was supervised by Dr. McMullan. Dr. McMullan apparently consulted with Dr. Freeman regarding
plaintiff's case and worked in an adjoining room when Dr. Freeman performed the extractions. Plaintiff testified, however, that Dr. McMullan never checked on Dr. Freeman during the extractions.
On April 27, 1984, plaintiff sued Dr. Freeman and the clinic for damages arising from injury to her lingual nerve. Plaintiff sought recovery on theories of negligence, failure to obtain informed consent, corporate negligence, and violation of the Consumer Protection Act.
The case was tried to a jury in 1988. The jury returned separate verdicts for Dr. Freeman on the negligence claim, for Dr. Freeman and the clinic on the informed consent and Consumer Protection Act claims, but against the clinic on the corporate negligence claim. The jury awarded plaintiff $250,000 in damages.
The clinic thereupon filed a motion for judgment notwithstanding the verdict or, in the alternative, for a new trial. The trial court denied the motion on the basis that there was evidence from which the jury could have concluded that the clinic's failure to have a dental assistant present during the extractions rendered it liable for corporate negligence. The clinic appealed and the Court of Appeals reversed, finding insufficient evidence to support the jury's corporate negligence verdict. Plaintiff then petitioned this court for review. We granted review and reverse the Court of Appeals.
Three issues are presented.
Issues
Issue One. Was the evidence sufficient to support the jury's verdict against the clinic on the corporate negligence claim?
Issue Two. Did the trial court err in denying the clinic's motion in limine to bar all testimony regarding Dr. Freeman's unlicensed status?
Issue Three. Was the jury properly instructed?
Decision
Issue One.
Conclusion. We find ample testimony in the record to support
Page 1 2 3 4 5 6 7 8 9 Washington Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|