Dreiling v. Davis

Marquardt, J.:

Raymond Dreiling, individually, and as administrator of the Estate of Loretta Dreiling, appeals the grant of summary judgment in a medical malpractice wrongful death case. We dismiss in part, reverse in part, and remand for further proceedings.

On February 25, 2002, Dr. Duncan Davis performed a laparoscopic cholecystectomy (gallbladder removal) on 70-year-old Loretta at Goodland Regional Medical Center of Goodland, Kansas (Goodland Regional). Dr. Kenneth Austin, Loretta’s long-time doctor, assisted Dr. Davis in the surgery.

On March 1, 2002, Loretta died. Dr. Davis issued a death…