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LAYTON v. ALLEN

246 A.2d 794 (1968)

Robert R. LAYTON, Jr., M.D., and Kent General Hospital (Incorporated), a corporation of the State of Delaware, Defendants Below, Appellants, v. Thomas Edward ALLEN and Anna Pearl Allen, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

September 12, 1968.

Attorney(s) appearing for the Case

William Prickett, of Prickett, Ward, Burt & Sanders, Wilmington, for Kent General Hospital, defendant below, appellant.

H. James Conaway, Jr., and William F. Taylor, of Young, Conaway, Stargatt & Taylor, Wilmington, for Robert R. Layton, Jr., defendant below, appellant.

N. Maxson Terry, Jr., of Terry & Terry, Dover, for plaintiffs below, appellees.

CAREY and HERRMANN, JJ., and DUFFY, Chancellor, sitting.

HERRMANN, Justice:

The appeal in this medical malpractice case presents the question of whether the Statute of Limitations commenced to run when the wrongful act or omission was committed by the practitioner or when the harm first manifested itself to the patient.

This is a case of first impression in this Court.

I.

For present purposes, these facts are accepted:

In 1958, the plaintiff

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