Justia Juvenile Law Opinion Summaries

Articles Posted in Medical Malpractice
Petitioner Jaryd Schroeder sought treatment from the respondents, Dr. Steven Weighall and Columbia Basin Imaging. Schroeder was nine years old at the time and suffered from headaches, nausea, dizziness, weakness in his legs, and double vision. He underwent an MRI (magnetic resonance imaging), which Weighall reviewed and found to be normal. Schroeder's symptoms persisted. On either November 9 or 19, 2009, when he was 17, Schroeder underwent another MRI. This time the radiologist who reviewed the image found an Arnold Chiari Type I Malformation. On January 13, 2011, the day before his 19th birthday, Schroeder filed a medical malpractice action against Weighall, Columbia Basin Imaging, PC, and a third party subsequently dismissed by stipulation. Weighall asserted that the action was barred by the statute of limitations codified at RCW 4.16.350 and subject to the minority tolling exemption codified at RCW 4.16.190(2). Schroeder and his mother discovered Weighall's alleged omission November 2009 when Schroeder was still a minor. If not for RCW 4.16.190(2), the one-year statute of limitations applicable to his claim would have tolled until his 18th birthday. The ultimate issue before the Supreme Court was the constitutionality of RCW 4. 16. 190(2). Upon review, the Supreme Court concluded that RCW 4.16.190(2) violated article I, section 12 of the Washington State Constitution, and therefore reversed the trial court's summary judgment order dismissing Schroeder's medical malpractice action. View "Schroeder v. Weighall" on Justia Law