Kirby v. Spivey

Carley, Judge.

Appellants, in their individual capacities “as next of kin and only heirs of Ed Echols, Deceased,” instituted the instant wrongful death action against appellee-Dr. Spivey and the nursing home in which Mr. Echols resided until a short time before his death. As against Dr. Spivey, the appellants’ complaint alleged that Mr. Echols’ death was the proximate result of medical malpractice. The asserted malpractice was Dr. Spivey’s failure to diagnose and treat Mr. Echols for renal failure and cancer of the prostate, the conditions alleged to have led ultimately to his death. Dr.…