Elizabeth Worden and Douglas Spires, as Heirs at Law for Alfred Spires (deceased), Appellants v. Dr. Jeffrey…

Summary

The court affirmed dismissal of the heirs’ medical-malpractice and wrongful-death complaint. It held that the challenge to proceeding before discovery was not preserved and, in any event, appellants did not show that further discovery would change the outcome; the complaint against the physician was conclusory and failed to plead sufficient facts concerning breach and proximate causation; and the claims against the remaining defendants were untimely. The court declined to decide relation back because that argument was not raised below and held the decedent-based-claims issue moot.