Miller v. Jacoby

Miller v. Jacoby,
No. 43725-9-I (Wash. Ct. App. Div. 1 August 28, 2000)

Trial court granted summary judgment for malpractice defendants based on plaintiff’s
failure to provide expert testimony. Plaintiff appealed, arguing that expert
testimony is not required when evidence is presented that a foreign object was
left in the body. The Court of Appeals of Washington affirmed the summary judgment
ruling that, without expert testimony, a layperson could not determine whether
the physicians failed to act in a reasonably prudent manner.