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WHITMAN v. HASSLER

271 A.2d 31 (1970)

Jean E. WHITMAN and Gerald M. Whitman, Plaintiffs Below, Appellants, v. Mary Elizabeth HASSLER, Executrix of the Last Will and Testament of Frank S. Hassler, deceased, and the Wilmington Medical Center, Incorporated, a corporation of the State of Delaware, Defendants Below, Appellees.

Supreme Court of Delaware.

Reargument Denied November 12, 1970.

Attorney(s) appearing for the Case

Henry N. Herndon, Jr., of Morris, James, Hitchens & Williams, Wilmington, and James E. Beasley and William C. Hewson of Beasley, Albert, Hewson & Casey, Philadelphia, Pa., for plaintiffs below, appellants.

Rodney M. Layton and Richard G. Elliott, Jr., of Richards, Layton & Finger, Wilmington, for Mary Elizabeth Hassler, Executrix, defendant below, appellee.

Howard M. Handelman, of Bayard, Brill & Handelman, Wilmington, for Wilmington Medical Center, Inc., defendant below, appellee.

WOLCOTT, C. J., CAREY, J., and MARVEL, Vice Chancellor, sitting.

MARVEL, Vice Chancellor.

The complaint in this case, which was filed on August 9, 1968, alleges that on or about August 28, 1966 the plaintiff Jean E. Whitman was admitted to the Memorial Division of the Wilmington Medical Center as a patient of the late Frank S. Hassler, M.D., for the purpose of undergoing surgical treatment by the latter, such surgery having been performed on August 29. The complaint goes on to allege that the surgical treatment in question, which...

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