Lockhart

BACKGROUND

Plaintiff does not provide a factual background supported by proper record citations. We therefore limit our recitation of the background facts to those seemingly agreed by the parties in their briefs and otherwise ascertained from the limited record furnished on appeal. Mr. Bailey presented to VHH on April 4, 2020, with acute testicular pain. He suffered from a number of other preexisting conditions. As part of his care, Dr. Tashman ordered a 4- milligram dose of morphine. Mr. Bailey later showed signs of severe respiratory distress. He was admitted to the ICU where further intervention was unsuccessful. He died there on April 7, 2020. Plaintiff sued defendants in November 2020, asserting a single cause of action for wrongful death resulting from

2 defendants’ alleged professional negligence. At the time, plaintiff was represented by counsel. Several months later, defendants moved for summary judgment. Their separate statement of undisputed facts and their motion both refer to testimony from Raymond Ricci, M.D., that defendants’ care complied with the applicable standard of care and that no act or omission on the part of defendants caused or contributed to Mr.…