Gilbert v. Sacred Heart Medical Center

900 P.2d 552, 127 Wash. 2d 370
CourtWashington Supreme Court
DecidedAugust 10, 1995
Docket60570-0
StatusPublished
Cited by26 cases

This text of 900 P.2d 552 (Gilbert v. Sacred Heart Medical Center) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gilbert v. Sacred Heart Medical Center, 900 P.2d 552, 127 Wash. 2d 370 (Wash. 1995).

Opinions

Madsen, J.

Plaintiffs Larry and Cynthia Gilbert, as guardians of their daughter, Laura, appeal the dismissal of their medical malpractice action against the defendant medical care providers. The trial court dismissed the action on the grounds that it is barred by the statute of limitations in RCW 4.16.350. At issue here is the propriety of that ruling.

Laura Gilbert was born at Sacred Heart Medical Center on June 19, 1977, by way of emergency caesarean section. At the time of her birth, Laura was postmature. During labor, Laura’s heart rate dropped twice, prompting the caesarean delivery.

A few days after Laura’s birth, her father met with doctors to discuss the circumstances of her birth. At this time, Laura was experiencing seizures and other medical problems. The only explanation the doctors could provide was that the umbilical cord might have been wrapped around Laura’s neck, depriving her of oxygen.

Laura was diagnosed with cerebral palsy. In November 1978, her parents took her to the Child Development and Mental Retardation Center at the University of Washington. The Center concluded that asphyxiation before or at birth caused Laura’s cerebral palsy. It thus became obvious to the Gilberts that their daughter was brain damaged, and that the damage related to events surrounding her birth. They had some concern that improper care had caused Laura’s condition, and that her brain damage might have been avoided had a caesarean section been performed earlier.

These concerns led Laura’s father to seek legal counsel [373]*373in 1979, regarding a possible malpractice action against the physicians and health care providers involved in Laura’s birth. Two attorneys and Laura’s godfather, who is a physician, evaluated the case and found no basis for a medical malpractice action.

The Gilberts subsequently moved to New Mexico and continued to seek medical evaluation and treatment of their daughter’s condition. After encountering great expense for spinal surgery Laura needed in 1990, the Gilberts again sought legal counsel in May 1991, regarding a possible medical malpractice action. This time their attorney advised them that there may have been deviation from the community standard of care during Laura’s birth and that they did have a potential malpractice claim.

The Gilberts filed this action on Laura’s behalf on April 13, 1992. The trial court dismissed the action on summary judgment, finding it barred by the statute of limitations set forth in RCW 4.16.350. The Gilberts appealed directly to this court, arguing that their action was not time barred and, if it was, that such a limitations period unconstitutionally deprived their daughter of legal redress.

The principal issue is whether the 1986 and 1987 amendments to the medical malpractice statute of limitations set forth in RCW 4.16.350 nullify the tolling effects of RCW 4.16.190 as applied to a minor.

RCW 4.16.190, the tolling statute, provides as follows:

If a person entitled to bring an action mentioned in this chapter . . . be at the time the cause of action accrued either under the age of eighteen years, or incompetent or disabled . . . the time of such disability shall not be a part of the time limited for the commencement of action.

Prior to the 1986 amendment, RCW 4.16.350 provided:

Any civil action for damages for injury occurring as a result of health care which is provided after June 25, 1976 against:
(1) ... [A] physician . . .
[374]*374(3) ... [A] hospital . . . based upon alleged professional negligence shall be commenced within three years of the act or omission alleged to have caused the injury or condition, or one year of the time the patient or his representative discovered or reasonably should have discovered that the injury or condition was caused by said act or omission, whichever period expires later, except that in no event shall an action be commenced more than eight years after said act or omission . . . Provided, That the limitations in this section shall not apply to persons under a legal disability as defined in RCW 4.16.190.

(Italics added to show language that has been deleted.) Thus, before amendment, the statute of limitations for medical malpractice claims clearly was tolled during minority.

The 1986 amendment to RCW 4.16.350 deleted the language highlighted above and added the following:

For purposes of this section, notwithstanding RCW 4.16.190, the knowledge of a custodial parent or guardian shall be imputed to a person under the age of eighteen years

The 1987 amendment further added:

and such imputed knowledge shall operate to bar the claim of such minor to the same extent that the claim of an adult would be barred under this section. Any action not commenced in accordance with this section shall be barred.
For purposes of this section, with respect to care provided after June 25, 1976, and before August 1, 1986, the knowledge of a custodial parent or guardian shall be imputed as of April 29, 1987, to persons under the age of eighteen years.

The Gilberts contend that the tolling eifects of RCW 4.16.190 upon medical malpractice actions remain intact after the 1986 and 1987 amendments to RCW 4.16.350, while the Defendants maintain that the amendments repeal the tolling provisions of RCW 4.16.190 with regard to medical malpractice actions. The trial court agreed with the Defendants’ interpretation of the amendments’ eifect upon the continued applicability of the tolling statute to RCW 4.16.350.

[375]*375The Legislature did not expressly repeal the operation of the tolling statute, RCW 4.16.190, when it imputed parental knowledge to minors in its 1986 and 1987 amendments to RCW 4.16.350.

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Gilbert v. Sacred Heart Medical Center
900 P.2d 552 (Washington Supreme Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
900 P.2d 552, 127 Wash. 2d 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-v-sacred-heart-medical-center-wash-1995.