Zapata v. Childrens Clinic

Appellants, Enedina Zapata and Oscar Lozano ("Zapata"), appeal the granting of a "no-evidence summary judgment" in favor of The Childrens Clinic, Dr. Tom McNeil, and Dr. Joseph Oshman (the "Clinic"). Zapata brought suit against the Clinic alleging negligence and wrongful death in the treatment of their five month old son, Aaron Lozano, who died while under the Clinics care. The Clinic filed a motion for summary judgment, asserting there was no evidence the physicians breached the applicable standard of care, which the trial court granted. We reverse and remand.