Lammon

I. BACKGROUND

Suzanne Lammon died on July 11, 2011. In July 2012, her husband and children (Plaintiffs) filed a medical malpractice action against Timothy S. Smith, D.O., Andrew C. Nothmann, M.D. (and Andrew C. Nothmann, M.D., Inc.), and Queen of the Valley

1 Medical Center (Hospital) alleging the defendants negligently provided medical care to Lammon on and after July 8, 2011, causing her death, and failed to obtain her informed consent to the medical care. All defendants but Smith were later dismissed from the action. Smith moved for summary judgment. The parties’ statements of undisputed material facts are sparse. Therefore, most of the following facts are taken from the evidence submitted in support and in opposition to the motion, with all reasonable inferences drawn in favor of Plaintiffs. A. Medical Evidence On July 8, 2011, at about 5:35 p.m., Lammon went to the Hospital’s emergency department complaining of a swollen throat and fever. She was examined and treated by Nothmann. Hospital medical records of the visit state that Lammon presented with “a bilateral sore throat with symptoms beginning 2 days prior to arrival. There has been a recurrent high fever,…