Sentara Virginia Beach General Hospital v. Lebeau

OPINION

REBECCA BEACH SMITH, District Judge.

This matter is before the court on plaintiff Sentara Virginia Beach General Hospital’s motion for summary judgment, pursuant to Federal Rule of Civil Procedure 56(b). For the reasons set forth below, plaintiffs motion is GRANTED in part and DENIED in part.

I. Factual and Procedural History

The following facts for this motion for summary judgment are undisputed. In February, 1999, Ernest R. LeBeau had a right lung mass that was diagnosed as adenocarcinoma. He underwent chemotherapy, which was completed on April 16, 1999, and radiation treatment, which…