Mohr v. Grantham
Washington Supreme Court
262 P.3d 490 (2011)
Linda Mohr (plaintiff) suffered a neurological event and was treated in the emergency room by Dr. Dale Grantham (defendant), who ran neurological tests that came back normal despite Mohr showing ongoing neurological symptoms like wobbliness and severe pain. Grantham told one of Mohr's physician sons he would run another neurological assessment before discharge but never did, instead sending Mohr home with a narcotic prescription and no discharge instructions, even though she couldn't walk to her own front door unassisted. Days later, after her sons struggled to get further tests ordered, Mohr suffered permanent brain damage. The Mohrs sued for negligence, arguing the defendants' failures severely diminished her chance of recovery; the trial court granted summary judgment for the defendants because the Mohrs couldn't show strict 'but for' causation, and the Mohrs appealed.
Whether, in Washington, a medical-negligence plaintiff may show that the defendant's action was a substantial factor in causing the plaintiff's injury in place of strict 'but for' causation.