Fenley v. Hospice in the Pines

OPINION

EARL B. STOVER, Justice.

Beth Fence, individually and as representative of the estate of Dan Ray Fence (“Fence”), deceased, and Marlin Fence (“appellants”), bring this appeal from a summary judgment rendered in favor of Hospice in the Pines (“Hospice”) and its medical director, Michael S. Devote, M.D. (“Devote”).

The factual background, as alleged by the appellants’ petition, is as follows: In March 1994, Fence sought medical care from Jane S. Tod, DO. (“Tod”) for headaches, neck pain, and ringing in the ears. Tod ordered an MI of Fence’s head and spine and subsequently told Fence he had…