honest error (Washington) · Go Syfert
← Washington issues

honest error in Washington

8 Washington opinions name it 2 courts 1921–2026 2 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Watson v. Hockettgreen
wash · 1986 · cited in 2 Washington opinions naming this issue, 2015–2024
2 sentences

2024Notably, the court instructed that, “[i]n the absence of proof that the doctor failed to exercise the required level 38 No. 85208-6-I/39 of skill and care, the patient suing the doctor should not prevail.” Watson, 107 Wn.2d at 161 -62 (citing Versteeg v. Mowery, 72 Wn.2d 754, 755 , 435 P.2d 540 (1967); Richison v. Nunn, 57 Wn.2d 1, 4-5 , 340 P.2d 793 (1959)).18 Turning to the challenged instruction, the court ruled that [t]he “error of judgment” instruction unanimously upheld by this court in Miller[ v. Kennedy, 91 Wn.2d 155 , 588 P.2d 734 (1978)], and also proposed by Dr. Hockett in this case

2015In Watson , the court considered an *506 instruction that read, “ ‘A physician or surgeon is not liable for an honest error of judgment....'" Watson, 107 Wn.2d at 164 (internal quotation marks omitted) (quoting Miller v. Kennedy, 91 Wn.2d 155 , 160 n.4, 588 P.2d 734 (1978)).

12
Veliz v. American Hosp., Inc.green
fladistctapp · 1982 · cited in 1 Washington opinions naming this issue, 1986–1986
1 sentence

1986See also Veliz v. American Hosp., Inc., 414 So. 2d 226, 227 (Fla. Dist.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Miller v. Kennedy green
wash · 1978
2 sentences

2024Notably, the court instructed that, “[i]n the absence of proof that the doctor failed to exercise the required level 38 No. 85208-6-I/39 of skill and care, the patient suing the doctor should not prevail.” Watson, 107 Wn.2d at 161 -62 (citing Versteeg v. Mowery, 72 Wn.2d 754, 755 , 435 P.2d 540 (1967); Richison v. Nunn, 57 Wn.2d 1, 4-5 , 340 P.2d 793 (1959)).18 Turning to the challenged instruction, the court ruled that [t]he “error of judgment” instruction unanimously upheld by this court in Miller[ v. Kennedy, 91 Wn.2d 155 , 588 P.2d 734 (1978)], and also proposed by Dr. Hockett in this case

2024Notably, the court instructed that, “[i]n the absence of proof that the doctor failed to exercise the required level 38 No. 85208-6-I/39 of skill and care, the patient suing the doctor should not prevail.” Watson, 107 Wn.2d at 161 -62 (citing Versteeg v. Mowery, 72 Wn.2d 754, 755 , 435 P.2d 540 (1967); Richison v. Nunn, 57 Wn.2d 1, 4-5 , 340 P.2d 793 (1959)).18 Turning to the challenged instruction, the court ruled that [t]he “error of judgment” instruction unanimously upheld by this court in Miller[ v. Kennedy, 91 Wn.2d 155 , 588 P.2d 734 (1978)], and also proposed by Dr. Hockett in this case

61986–2026
Miller v. Kennedy green
washctapp · 1974
2 sentences

2024App. 272, 280 , 522 P.2d 852 (1974) (emphasis added), aff’d, 85 Wn.2d 151 , 530 P.2d 334 (1975).

2024In 1974, we approved of a jury instruction that read, “‘[a] physician is not liable for an honest error of judgment if, in arriving at that judgment, the physician exercised reasonable care and skill, within the standard of care he was obliged to follow.’” Miller v. Kennedy, 11 Wn.

21986–2024
Versteeg v. Mowery green
wash · 1967
2 sentences

2024Notably, the court instructed that, “[i]n the absence of proof that the doctor failed to exercise the required level 38 No. 85208-6-I/39 of skill and care, the patient suing the doctor should not prevail.” Watson, 107 Wn.2d at 161 -62 (citing Versteeg v. Mowery, 72 Wn.2d 754, 755 , 435 P.2d 540 (1967); Richison v. Nunn, 57 Wn.2d 1, 4-5 , 340 P.2d 793 (1959)).18 Turning to the challenged instruction, the court ruled that [t]he “error of judgment” instruction unanimously upheld by this court in Miller[ v. Kennedy, 91 Wn.2d 155 , 588 P.2d 734 (1978)], and also proposed by Dr. Hockett in this case

2024Notably, the court instructed that, “[i]n the absence of proof that the doctor failed to exercise the required level 38 No. 85208-6-I/39 of skill and care, the patient suing the doctor should not prevail.” Watson, 107 Wn.2d at 161 -62 (citing Versteeg v. Mowery, 72 Wn.2d 754, 755 , 435 P.2d 540 (1967); Richison v. Nunn, 57 Wn.2d 1, 4-5 , 340 P.2d 793 (1959)).18 Turning to the challenged instruction, the court ruled that [t]he “error of judgment” instruction unanimously upheld by this court in Miller[ v. Kennedy, 91 Wn.2d 155 , 588 P.2d 734 (1978)], and also proposed by Dr. Hockett in this case

12024–2024
Richison v. Nunn green
wash · 1959
2 sentences

2024Notably, the court instructed that, “[i]n the absence of proof that the doctor failed to exercise the required level 38 No. 85208-6-I/39 of skill and care, the patient suing the doctor should not prevail.” Watson, 107 Wn.2d at 161 -62 (citing Versteeg v. Mowery, 72 Wn.2d 754, 755 , 435 P.2d 540 (1967); Richison v. Nunn, 57 Wn.2d 1, 4-5 , 340 P.2d 793 (1959)).18 Turning to the challenged instruction, the court ruled that [t]he “error of judgment” instruction unanimously upheld by this court in Miller[ v. Kennedy, 91 Wn.2d 155 , 588 P.2d 734 (1978)], and also proposed by Dr. Hockett in this case

2024Notably, the court instructed that, “[i]n the absence of proof that the doctor failed to exercise the required level 38 No. 85208-6-I/39 of skill and care, the patient suing the doctor should not prevail.” Watson, 107 Wn.2d at 161 -62 (citing Versteeg v. Mowery, 72 Wn.2d 754, 755 , 435 P.2d 540 (1967); Richison v. Nunn, 57 Wn.2d 1, 4-5 , 340 P.2d 793 (1959)).18 Turning to the challenged instruction, the court ruled that [t]he “error of judgment” instruction unanimously upheld by this court in Miller[ v. Kennedy, 91 Wn.2d 155 , 588 P.2d 734 (1978)], and also proposed by Dr. Hockett in this case

12024–2024
Miller v. Kennedy green
wash · 1975
2 sentences

2024App. 272, 280 , 522 P.2d 852 (1974) (emphasis added), aff’d, 85 Wn.2d 151 , 530 P.2d 334 (1975).

2024App. 272, 280 , 522 P.2d 852 (1974) (emphasis added), aff’d, 85 Wn.2d 151 , 530 P.2d 334 (1975).

12024–2024
Somer v. Johnson green
ca11 · 1983
2 sentences

1986In Somer v. Johnson, 704 F.2d 1473 (11th Cir. 1983), the court held the instruction inadmissible since it was conceivable the jury could find the doctor failed to exercise the proper standard of care and yet excuse liability because the failure was due to an honest error in judgment.

1986In Somer v. Johnson, 704 F.2d 1473 (11th Cir. 1983), the court held the instruction inadmissible since it was conceivable the jury could find the doctor failed to exercise the proper standard of care and yet excuse liability because the failure was due to an honest error in judgment.

11986–1986
American Export Door Corp. v. John A. Gauger Co. neutral
wash · 1929
1 sentence

1947We believe that, generally speaking, *632 where the statutes or the decisions of the courts require red lights as a warning of danger on any object in the highway and such lights are not present, it is a question for the jury to determine whether the driver at night should have seen the obstruction, notwithstanding the absence of red lights.” In the case of Schouten v. Jacobs, 26 Wn. (2d) 798, 175 P. (2d) 627 , we stated: “It seems to us the above statements of appellant and the cases cited demonstrate that there is no established test by which it can always be determined whether or not the dr

11947–1947
Frowd v. Marchbank green
wash · 1929
1 sentence

1947We believe that, generally speaking, *632 where the statutes or the decisions of the courts require red lights as a warning of danger on any object in the highway and such lights are not present, it is a question for the jury to determine whether the driver at night should have seen the obstruction, notwithstanding the absence of red lights.” In the case of Schouten v. Jacobs, 26 Wn. (2d) 798, 175 P. (2d) 627 , we stated: “It seems to us the above statements of appellant and the cases cited demonstrate that there is no established test by which it can always be determined whether or not the dr

11947–1947
Schouten v. Jacobs neutral
wash · 1946
1 sentence

1947We believe that, generally speaking, *632 where the statutes or the decisions of the courts require red lights as a warning of danger on any object in the highway and such lights are not present, it is a question for the jury to determine whether the driver at night should have seen the obstruction, notwithstanding the absence of red lights.” In the case of Schouten v. Jacobs, 26 Wn. (2d) 798, 175 P. (2d) 627 , we stated: “It seems to us the above statements of appellant and the cases cited demonstrate that there is no established test by which it can always be determined whether or not the dr

11947–1947
Hanson v. Soderberg neutral
wash · 1919
2 sentences

1921All of the other points raised by appellant are decided against him in Hanson v. Soderberg, 105 Wash. 255 , 177 Pac. 827 .

1921All of the other points raised by appellant are decided against him in Hanson v. Soderberg, 105 Wash. 255 , 177 Pac. 827 .

11921–1921

Statutes the citing opinions construe

WA § Wash. Rev. Code § 7.70.030 (3) WA § Wash. Rev. Code § 7.70.040 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 18 (1889–2007) MI 12 (1886–2019) CA 12 (1903–2002) OR 12 (1902–2025) MO 12 (1913–2020) MA 12 (1931–2025) IN 11 (1889–2019) AL 9 (1878–2009) WA 8 (1921–2026) IL 6 (1872–1968) GA 5 (1988–2024) DE 5 (1943–1973) UT 4 (1998–2025) PA 4 (1932–1976) MS 4 (1925–2009) VA 4 (1883–1904) NC 4 (1889–1974) MN 3 (1986–1987) FL 3 (1982–2014) NJ 3 (1980–2015) OK 3 (1998–2011) AR 2 (1973–1982) MD 2 (1932–1980) DC 2 (2008–2015) TX 2 (1913–1918) SD 2 (1911–2007) KS 2 (1911–2010) CO 2 (2009–2011) IA 2 (1884–1931) WV 2 (1930–1985) WY 2 (1947–1989) WI 2 (1980–1996) OH 2 (1997–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check