Leubner v. Sterner

OPINION

HARTEN, Judge.

Appellants Georgena and Richard Leub-ner sued respondent Ronald C. Jensen, M.D., for medical malpractice. After considering the Leubners’ offer of proof of expert medical testimony, the trial court entered summary judgment, finding as a matter of law that the offered testimony stated neither a probable death nor a probability of causation. The Leubners appeal, arguing that liability can be imposed under the loss of chance theory for a decreased likelihood of survival. They also contend that aggravation of pre-existing disease and loss of consortium remain at issue. We…