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GUSTAV v. SEATTLE UROLOGICAL ASSOCIATES

Nos. 39005-8-1, 41399-6-1.

954 P.2d 319 (1998)

Robert J. GUSTAV and Letty Gustav, husband and wife, Appellants. v. SEATTLE UROLOGICAL ASSOCIATES, a partnership or joint venture; James E. Gottesman, M.D., P.S., a professional service corporation; James E. Gottesman and Jane Doe Gottesman, husband and wife; Joel P. Lilly, M.D., P.S., a professional service corporation; Joel P. Lilly and Jane Doe Lilly, husband and wife; Wayne D. Weissman, M.D., P.S., a professional service corporation; Wayne D. Weissman and Jane Doe Weissman, husband and wife; James P. Gasparich, M.D., P.S., a professional service corporation; and James P. Gasparich and Jane Doe Gasparich, husband and wife, Respondents.

Court of Appeals of Washington, Division 1.

April 13, 1998.

Attorney(s) appearing for the Case

David Balint, Jeffrey Mirsepasy, Gary Taylor, Seattle, for Appellants.

Thomas Fain, Margaret Sundberg, Mary Spillane, Seattle, for Respondents.

AGID, Judge.

Robert J. Gustav, a 75-year-old man suffering from incurable metastasized prostate cancer, filed this action for medical malpractice against Dr. James Gottesman and his partner, Dr. Joel Lilly, alleging that Dr. Gottesman negligently failed to diagnose his cancer until April 1994 after another doctor in California did a bone scan that revealed the presence of cancer in his spine, ribs and scapula. Gustav appeals the trial court's summary dismissal of...

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