Brusa v. Mercy Health System, Inc.

SNYDER, EJ. Joseph S. Brusa, Jr.

¶ 1. (Joseph) appeals from a summary judgment dismissing his negligence claim against Dr. Robert A. Fasano. Joseph's claim derives from the death of his father, Joseph S. Brusa, Sr. (Brusa), from colon cancer. Brusa died four months after Joseph was born. The negligence claim rests on allegations of a misdiagnosis by Dr. Fasano in December 2002, approximately eighteen months before Joseph was born. The circuit court granted summary judgment to Dr. Fasano on public policy grounds, stating that a child not yet conceived at the time of the alleged negligence…