Dolan v. Cunningham

HIGHERS, Judge.

James R. Dolan, Jr., and wife, Irene Do-lan, filed this medical malpractice case on March 27, 1978; subsequently, on September 21, 1979, the plaintiff, James R. Dolan, Jr., died, and the pleadings were amended to reflect an action for wrongful death brought by the widow and surviving children.

The issue in this case is whether the trial court was correct in granting summary judgment for the defendants.

I

The decedent, James R. Dolan, Jr., was seen by the defendant, Dr. David Cunningham, at Methodist Hospital in Memphis from February 6 to 11,1976. The plaintiffs allege that Dr.…