Phillips v. Beethe

ENOCH, Chief Judge.

Plaintiff, Phillips, appeals the trial court’s entry of summary judgment dismissing his wrongful death and medical malpractice claims in favor of the defendant, Dr. Beethe. We affirm in part and reverse in part.

On December 9, 1978, plaintiffs wife went to see Dr. Beethe with severe vomiting. Dr. Beethe diagnosed Mrs. Phillips as having acute gastritis. Mrs. Phillips was transferred to a Denver hospital on December 10, 1978, and the following day, December 11, she was operated on by another doctor for a small bowel obstruction. She died on February 2, 1979.

Phillips first…