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Helling V. Carey (1974)

Definition

Washington Supreme Court case in which ophthalmologist Thomas Carey was held negligent for not performing tonometry on a patient under 40, despite following professional consensus, because the precaution was so inexpensive and the potential harm so severe. The decision was legislatively reversed in Washington by the Medical Malpractice Reform Act 1975 but retains theoretical significance.

Court
Washington Supreme Court
Defendant
Ophthalmologist Thomas Carey
Issue
Failure to perform tonometry on patient under 40
Basis
Low test cost versus severity of potential harm
Later status
Legislatively reversed, Washington, 1975

Common questions

Why is Helling v. Carey still discussed if the legislature overturned its rule?+

The case is taught as the clearest example of a court departing from the professional-custom standard and applying a cost-benefit reasonableness test instead, so it remains a reference point in negligence theory even though its holding no longer governs Washington claims.

What made the court reject the "everyone in the profession does it this way" defense in this case?+

The court reasoned that following customary practice does not automatically satisfy the duty of care when a simple, inexpensive test could have prevented a serious and irreversible harm, treating professional custom as evidence rather than a conclusive defense.

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