A case that was originally dismissed two years ago, against Sunnyside Community Hospital for negligence causing a wrongful death, has been overruled, as reported by the Yakima Herald-Republic.
At the center of the case is the allegation that a physician at Sunnyside caused the death of another physician.
The lawsuit has been set back to Yakima County Superior Court for trial by the state Court of Appeals.
In 2006 Dr. T.G., as alleged in the suit, was negligent in her treatment of Dr. S.W., 35, and caused her death.
Dr. S.W., an internist at the hospital, suffered with an existing brain condition and Dr. T.G., an emergency room physician, treated her with migraine medication.
Dr. D.W., Dr. S.W.'s father, filed a suit against both Dr. T.G. and Sunnyside for compensation from his daughter's lost wages, medical bills and pain and suffering. Dr. D.W. listed himself as the representative of his daughter's estate.
As Dr. S.W. died without any beneficiaries that the law would recognize - a spouse, child or any dependant relatives - and that allowed attorneys for the hospital to argue that her father was not entitled to any compensation.
Dr. T.G. was also not a staff member of Sunnyside - she was a contracted physician - so hospital attorneys also argued that the hospital wasn't liable.
Superior Court Judge James Lust agreed with the hospital. His decision was handed down in 2009.
That decision was reversed this past July 19, ant the judge said that a jury should hear the case and make the ultimate evaluation.
In regards to Dr. S.W.'s father being compensated for pain and suffering, the appeals court agreed with Lust.
Dr. T.G. and Sunnyside must decide within 30 days whether or not they will appeal to the state Supreme Court. Their attorneys stated, at press time, that both parties were undecided.
Spokane-based attorney Mark Kamitomo is representing Dr. D.W.
Kamitomo is planning on setting a trial day as soon as the 30-day period is up.
Kamitomo, in refusing to discuss the details of the lawsuit, told reporters, "The way our client was treated was improper."
The court records show that Dr. S.W. checked into Sunnyside on April 2, 2006 with chief complaints of nausea, vertigo and problems with her speech. Based on her medical history of migraines, Dr. T.G. prescribed Imitrex - a migraine medication.
When Dr. S.W.'s symptoms grew worse Dr. T.G. gave her more Imitrex.
Dr. S.W., now beginning to having seizures and her levels of oxygen dropping, was transferred to Spokane's Sacred Heart Medical Center. Doctors there determined that the Imitrex served to complicate an existing narrowing of her basilar - the basilar is a major artery at the base of a brain.
Dr. S.W. died three days later.
If you have lost a loved one due to a physician's error, contact a personal injury lawyer that covers issues of wrongful death. Monetary compensation is often awarded for your loss.