Labit v. Cobb

GENOVESE, Judge.

Lin this medical malpractice case, Plaintiffs, Michael Labit and Christine Labit,1 appeal the trial court’s grant of summary judgment in favor of Defendants, Dr. John E. Cobb and Dr. Daniel J. Carroll, dismissing Plaintiffs’ claims. For the following reasons, we affirm.

FACTS

Mr. Labit first saw Dr. Cobb for an evaluation of his back pain on May 12, 2004, pursuant to referral from Dr. Roland Miller. Dr. Cobb noted that an April 27, 2004 MRI revealed a degenerative disc at L4-5 with protrusion. Dr. Cobb recommended that Mr. Labit undergo an anteri- or lumbar interbody fusion. On…