Burris v. Lerner

James M. Porter, Judge.

Plaintiff-appellant Agnes Burris, executor of the estate of Earnest Burris, deceased, appeals from the summary judgment entered in favor of defendant-appellee Raisa Lerner, M.D., on of a medical malpractice claim based on the death of the decedent from a heart attack. Plaintiff claims that disputed issues of material fact precluded summary judgment for the defendant. We agree and reverse and remand for the reasons stated below.

On February 4,1995, Dr. Lerner saw Earnest Burris, a regular patient of hers, for a chief complaint of left shoulder pain radiating down his arm.…