Fast v. Kennewick Public Hospital District
384 P.3d 232
Wash.2016Background
- Jamie Fast, pregnant and under care of Dr. Smith (and Dr. Schroff covering), experienced symptoms and delayed/abnormal glucose testing; at 29 weeks tests showed severe hyperglycemia and the fetus later was stillborn following detected fetal distress.
- The Fasts served a good-faith mediation request in August 2011 and sued in July 2012 for wrongful death under RCW 4.24.010 and for injuries resulting from health care (chapter 7.70 RCW).
- Defendants moved for summary judgment arguing the general torts catchall statute of limitations (RCW 4.16.080(2)) governed; trial court granted summary judgment; Division Three of the Court of Appeals affirmed.
- The Supreme Court granted review on whether the medical negligence statute of limitations (MNSOL), RCW 4.16.350(3), or the general torts catchall, RCW 4.16.080(2), applies to wrongful death claims arising from negligent health care.
- The panel analyzed chapter 7.70 RCW provisions (including RCW 7.70.010, .090, .110, .140, and .150) and legislative history regarding mandatory mediation and tolling to determine legislative intent.
- Holding: wrongful death claims arising from negligent health care are governed by the MNSOL (RCW 4.16.350(3)), including the one-year tolling for good-faith mediation under RCW 7.70.110; the Court of Appeals judgment is reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which SOL governs wrongful death from medical negligence: MNSOL (RCW 4.16.350(3)) or general torts catchall (RCW 4.16.080(2))? | Fast: MNSOL applies and is tolled one year for a good-faith mediation request. | Defs: General torts catchall applies; MNSOL does not cover wrongful death under RCW 4.24.010. | MNSOL applies to wrongful death arising from health care; tolling for mediation applies. |
| Does chapter 7.70 RCW contemplate wrongful death claims? | Yes: chapter repeatedly references death and wrongful death; it governs actions "resulting from health care." | No (implied): prior appellate decisions (Wills) treated wrongful death differently. | Chapter 7.70 statutes and related provisions indicate wrongful death claims fall within medical negligence scheme. |
| Can Wills and prior appellate decisions bind the Supreme Court on statutory scope? | Fast: Wills is not controlling and misanalyzed the statutory interplay. | Defs: Legislative acquiescence to Wills supports applying the catchall. | Court rejects reliance on Wills; appellate decisions do not bind Supreme Court; legislative inaction is not dispositive. |
| Would applying MNSOL create absurd results (e.g., plaintiff recovers for mother’s injury but not child’s death)? | Fast: Applying catchall would produce anomalies; MNSOL aligns with statutory scheme. | Defs: Not directly argued here. | Court finds such anomalies and statutory context support applying MNSOL. |
Key Cases Cited
- Bixler v. Bowman, 94 Wn.2d 146 (discussion of enactment of medical malpractice SOL)
- Branom v. State, 94 Wn. App. 964 (chapter 7.70 RCW governs actions for injury resulting from health care)
- Wills v. Kirkpatrick, 56 Wn. App. 757 (Court of Appeals decision holding medical malpractice SOL did not apply to certain wrongful death claims; distinguished by Supreme Court)
- Stenberg v. Pac. Power & Light Co., 104 Wn.2d 710 (describing RCW 4.16.080(2) as a catchall statute of limitations)
- Deggs v. Asbestos Corp., 186 Wn.2d 716 (affirming that accrual and lapsing of underlying claims can affect subsequent wrongful death suits)