Smith v. Central Vermont Hospital, Inc.

¶ 1. Plaintiff in this medical malpractice action appeals from a summary judgment of the Washington *641Superior Court in favor of defendants Dr. Gary H.. Goldberg and Central Vermont Hospital. Plaintiff contends the court erred in striking an expert’s affidavit and consequently finding a failure of proof on the element of causation. We agree, and therefore reverse and remand.

¶ 2. As found by the trial court, the facts may be briefly summarized. Plaintiff is the administratrix of the estate of her son, Shaun Smith, who died at the age of eighteen while being treated at defendant Central Vermont…