• Delaware Bd. of Med. Licensure & Discipline v. Grossinger

    Publication Date: 2020-01-22
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Patricia A. Davis and Zoe Plerhoples, Department of Justice, Wilmington, DE for appellant.
    for defendant: Paul A. Logan, Post & Schell, P.C. Wilmington, DE; James J. Kutz, Harrisburg, PA for appellee.

    Case Number: D68848

    Reversal of disciplinary charges against physician overturned where state board not required to obtain expert testimony to establish standard of care under regulations, and where regulations were not vague as-applied since physician failed to make any effort at compliance.

  • Christiana Care Health Servs. Inc. v. Carter

    Publication Date: 2019-12-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Richard Galperin, Joshua H. Meyeroff, and Ryan T. Keating, Morris James LLP for appellant.
    for defendant: Leroy A. Tice, Leroy A. Tice, Esquire P.A. for appellees.

    Case Number: D68806

    Release of claims against agent that served to extinguish the agent's pro rata share of responsibility of the principal's damages effectively released the principal from a vicarious liability claim even when the principal was not party to the release.

  • Vick v. Khan

    Publication Date: 2019-12-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Stacia Vick and Chadwick Vick, pro se plaintiffs.
    for defendant: Thomas J. Marcoz, Jr. and Catherine M. Cramer, Marshall, Dennehey, Warner, Coleman & Goggin for defendants.

    Case Number: D68797

    The court granted a motion in limine to preclude unsupported expert testimony regarding causation, but it denied other motions in limine, and deferred a ruling regarding the spousal privilege.

  • Verrastro v. Bayhospitalists, LLC

    Publication Date: 2019-04-24
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Ben T. Castle and Bruce L. Hudson, Hudson & Castle Law, LLC, Wilmington, DE for plaintiff.
    for defendant: Gregory S. McKee and Lauren C. McConnell, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE for defendant.

    Case Number: D68541

    The dismissal of negligence claims against two physicians on statute of limitations grounds did not bar a timely-filed claim against the physicians' employer under the doctrine of respondeat superior.

  • Wong v. Broughton

    Publication Date: 2019-02-20
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Joshua H. Meyeroff, Morris James LLP, Wilmington, DE for Peter J. Wong, M.D. and Dedicated to Women OB-GYN, P.A.
    for defendant: Bruce L. Hudson and Ben T. Castle of Hudson & Castle Law, LLC, Wilmington, DE for Monica Brough-ton and Amari M. Broughton-Fleming.

    Case Number: D68470

    Expert medical testimony in this medical malpractice case did not rely on res ipsa loquitur and was properly admitted into evidence.

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  • Carter v. Principe

    Publication Date: 2019-01-30
    Practice Area: Dispute Resolution | Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Leroy A. Tice, Leroy A. Tice, P.A. for plaintiff.
    for defendant: Joshua H. Meyeroff, Morris James LLP for defendant.

    Case Number: D68439

    Joint tortfeasor, allegedly liable under theory of vicarious liability, was not released under settlement between claimant and other joint tortfeasor where neither were explicitly named nor released under settlement.

  • Parsons v. Connections CSP, Inc.

    Publication Date: 2019-01-09
    Practice Area: Medical Malpractice
    Industry: Health Care | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68420

    Inmate who received medical treatment did not state a claim for violation of his civil rights.

  • Murach v. Bayhealth Med. Ctr.

    Publication Date: 2019-01-09
    Practice Area: Medical Malpractice
    Industry: Health Care | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Ronald G. Poliquin of The Poliquin Firm, LLC, Dover, DE for plaintiff.
    for defendant: Daniel A. Griffith and Scott G. Wilcox of Whiteford Taylor Preston, LLC, Wilmington, DE for defendant Correct Care Solution.

    Case Number: D68419

    A former inmate's medical malpractice and civil rights claims were barred by the statute of limitations.

  • Page v. Fucci

    Publication Date: 2018-10-17
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Adam R. Elgart for plaintiffs
    for defendant: Thomas J. Marcoz for defendants.

    Case Number: D68323

    Plaintiff in this medical malpractice case was entitled to the discovery of notes written by two doctors and their practice manager prior to the filing of this case and before any of the parties were represented by counsel.

  • Norman v. All About Women, P.A.

    Publication Date: 2018-09-05
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: William Fletcher and Dianna E. Louder, Schmittinger & Rodriguez, P.A., Dover, DE, for plaintiff
    for defendant: Lauren C. McConnell and Gregory S. McKee, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE, for defendants.

    Case Number: D68277

    In this medical negligence matter, plaintiff's expert witness provided admissible testimony regarding the standard of care even without relying on medical literature or peer-reviewed publications.