McCormick

MEMORANDUM **

Plaintiff Becky McCormick (“McCormick”) appeals the adverse grant of summary judgment in her Federal Tort Claims Act medical malpractice action, arguing (1) genuine issues of material fact precluded summary judgment, and (2) the district court abused its discretion in denying her motion to compel disclosure of communications the United States asserts are privileged. Reciting the facts only as necessary, we affirm.

McCormick has presented insufficient evidence to support a claim for medical malpractice. Undisputed expert testimony establishes that Florence Morlock (“Morlock”) died because she “had taken an amount of medication in excess of that prescribed and which exceeded her tolerance.” According to that testimony, the cause of death was not Dr. Ochoa’s mismanagement of her medications. McCormick’s own expert deferred to this finding. There is therefore no evidence that Dr. Ochoa’s management of Morlock’s prescriptions was the proximate cause of her death.

McCormick has also failed to present evidence that Dr. Ochoa failed to exercise that degree of care that a prudent *531 health care provider would have exercised under similar circumstances. Doctors who cared…