Smith v. Baptist Memorial Hospital System

OPINION

ESQUIVEL, Justice.

This is an appeal from a summary judgment in favor of appellees, Baptist Memorial Hospital System (BMHS) and Emergency Physician’s Affiliates (EPA), and against appellant, Pleas R. Smith (Smith). Smith is the guardian of the person and estate of Evan W. Smith, Jr., the plaintiff in this cause.

This case arose from an emergency room incident in which Evan W. Smith experienced severe spasms and cardio-respiratory arrest after the administration of penicillin and bicillin for the treatment of a sore throat. Smith sued the emergency room physician Dr. Harry Henderson, the…