Esquivel v. Watters

Michelle Esquivel (plaintiff) went to South Central Kansas Regional Medical Center (SCKRMC) (defendant) for a free sonogram solely to determine her baby's gender, signing a waiver acknowledging the test's sole purpose and that no fetal-abnormality determination was guaranteed. The technician noticed the baby's bowel was outside his body (gastroschisis) but, being unqualified to diagnose, only orally informed Michelle's obstetrician, Dr. Watters (defendant), without any written report; a radiologist declined to review the images since the test was gender-only, and Watters subsequently forgot to relay the finding to Michelle across several prenatal visits. Michelle gave birth roughly a month later, at which point the condition was discovered; the baby, Jadon, died about a month after emergency surgery. The Esquivels (plaintiffs) sued SCKRMC and Watters for wrongful death; the trial court granted summary judgment to all defendants, and the Esquivels appealed as to Watters and SCKRMC.