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Torts Keyed to Duncan
Helling v. Carey
Citation:
83 Wash.2d 514, 519 P.2d 981 (1974)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Barbara Helling (Plaintiff) first visited Dr. Thomas Carey and Dr. Robert Laughlin (Defendants) in 1959 concerning her eyesight. She was fitted with contact lenses but returned numerous times over the next nine years complaining about irritation in her eyes. In 1968, when the plaintiff was thirty-two and had lost her peripheral vision and some central vision, the defendants conducted an eye pressure test for the first time and discovered the plaintiff suffered from glaucoma. The plaintiff sued the defendants, alleging that their failure to conduct a pressure test was negligence resulting in her near total loss of vision. Through expert testimony, the defendants established that routine eye pressure tests for people under the age of forty were not required by their profession, and argued that they thus had not breached the standard of care.
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