Justice Daniel Martin


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Administratrix Gonzalez and Quintanilla, decedent’s husband, sued to recover for personal injuries and the wrongful death related to defendants’ alleged medical malpractice in failing to diagnose her gastric cancer. Dr.’s Rogue and Sanchez, and Southside Hospital moved for summary judgment in their favor dismissing the complaint and all cross claims asserted against them. Decedent was admitted to Southside on June 26, 2009 under Sanchez’s service with complaints of hematemesis and abdominal pain, among other things. A gastroenterology consult was recommended and decedent was seen by Dr. Karpowicz on June 27, 2009 and several more times before her death on Nov. 12, 2010. Defendants’ experts all opined the care and treatment rendered decedent was within good and accepted medical practice and rendered in the exercise of sound medical judgment. They contended defendants were not the proximate cause or significant contributing factor to any illness or death alleged by plaintiffs on behalf of decedent. The court found each movant establish a prima facie case of entitlement to summary judgment, concluding as plaintiffs neither opposed the motions and failed to raise triable issues of fact. Dismissal was granted.