Jones

Plaintiffs appeal from a summary judgment adverse to them in an action for wrongful death. We reverse.

On the evening of June 22, 1975, plaintiffs’ 19-month-old son developed a rash and a high fever. They took the child to defendant hospital where he was examined by defendant doctor. The doctor diagnosed the condition as “flu” and told plaintiffs to take the child home and consult their family doctor in the morning. The next morning the child’s condition had become worse and plaintiffs returned to the hospital with him. By the time they reached the hospital, the child had died of meningococcemia. The hospital personnel did not tell plaintiffs the cause of death but, later that day, after consulting their family doctor, they were told the cause and that doctor expressed concern over the quality of service rendered by defendants. In September of 1975, plaintiffs consulted a firm of attorneys about an action against defendants. That firm, after examining the hospital records, advised plaintiffs that they had no cause of action. The plaintiffs, in early 1976, consulted another firm of attorneys who, after submitting the hospital records and the nature of the death to a…