Howard v. Mitchell

This is a wrongful death case in which the plaintiff, Betsy Jane Howard, filed suit against the defendants, Dr. Kermit Mitchell, Dr. Joseph Flippen, and Drs. Mitchell and Flippen, a partnership, alleging that negligence on their part proximately caused the death of her child. The defendants filed a motion for summary judgment, alleging that there were no genuine issues of material fact. The trial court granted the motion, and the plaintiff appeals.

In February 1971, the plaintiff first visited the defendants, who are obstetrician/gynecologists, complaining of spotting and passing blood clots.…