Kimber V. Sideris

By this appeal of their medical malpractice action, appellants John Kimber and Shawn Kimber, individually, and as next friends of Julia Kimber, a minor (the Kimbers) challenge the trial court's order granting summary judgment in favor of Dr. E. B. Sideris that they recover nothing on their action against Dr. Sideris. By one issue and three sub-issues, the Kimbers request that we determine whether the trial court erred in granting the motion for summary judgment of Dr. Sideris because genuine issues of material fact exist concerning (a) his duty as Julia's pediatric cardiologist as a participant in the July 9 surgery and as the referring physician who selected the surgeon and hospital to perform the surgery; (b) whether his acts and omissions before or during the July 9 surgery fell below the standard of care; and (c) whether his acts and omissions contributed to cause Julia's damages. Based upon the rationale expressed herein, we must reverse.