HELLING V. CAREY
83 Wash. 2d 514, 519 P.2d 981 (1974)
NATURE OF THE CASE: Helling (P) appealed from a judgment of the Court of Appeals
affirming the judgment of the trial court for Carey (D), ophthalmologists, in a medical
malpractice action involving D's failure to timely administer a glaucoma test.
FACTS: P suffers from primary open angle glaucoma. P first consulted D for myopia,
nearsightedness, in 1959. P got contact lenses. P next consulted Ds in September 1963,
concerning irritation caused by the contact lenses. Additional consultations occurred in
October 1963; February 1967; September 1967; October 1967; May 1968; July 1968; August 1968;
September 1968; and October 1968. Until the October 1968 consultation, Ds considered the
plaintiff's visual problems to be related solely to complications associated with her
contact lenses. Eventually they tested P's eye pressure and field of vision for the first
time. P had glaucoma. P, who was then 32 years of age, had lost her peripheral vision and
her central vision was reduced to approximately 5 degrees vertical by 10 degrees horizontal.
The standard of the specialty does not require a glaucoma test for patients under the age of
40 because the risk is so slight. P sued D for negligence for not giving her the test
earlier. D claims that he acted as an ordinary doctor in the situation because the standard
of the profession (custom) does not require the test in patients under 40 because the risk
is so low. However, the standards of the profession do say that the pressure test is
required if glaucoma should be suspected. The jury returned a verdict for D. P appealed. The
appellate court affirmed. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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