this time physicians made no attempt to diagnose the persistent headaches of which Lopez was complaining. Lopez was returned to jail. On April 15, Lopez was discovered in his cell by a nurse to be having seizures. Although the duty physician, Dr. Gregory, was notified by telephone of the seizures, no examination or treatment other than administration of valium and phenobarbital was given Mr. Lopez. A few hours later, Mr. Lopez was found dead in his cell.
Based on this death, Ms. Perez brought the present lawsuit, alleging wrongful death due to negligence on the part of the responsible medical providers. Dr. Tiholiz, a general practitioner from Los Angeles, testified in a deposition on behalf of Ms. Perez. Dr. Tiholiz stated that Lopez would have had a "reasonable chance"of his confinement from April 3, 1985 until the date of his death on April 15 of the same year. Doctors at the center examined him, but performed no extensive tests and failed to recognize the severity of Marco's condition. Marco eventually convulsed, slowly lapsed into a coma, and died.
Appellant contends that proper medical care, preliminary diagnosis, and subsequent emergency treatment would have given Marco a "reasonable chance of survival." The facts of record indicate that the nature and circumstances of Marco's condition provided very little prospect for his survival irrespective of the quality and extent of any medical measures that were taken or could have been taken. Nevertheless, appellant argues that factual issues remain concerning negligence and causation. In addition, appellant urges her entitlement to further discovery