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HURTT v. GOLEBURN

330 A.2d 134 (1974)

Nathaniel J. HURTT, Administrator of the Estate of Genevieve Hurtt, Deceased, Plaintiff Below, Appellant, v. Maurice GOLEBURN, Defendant Below, Appellee.

Supreme Court of Delaware.

November 19, 1974.

Attorney(s) appearing for the Case

Leonard L. Williams, Wilmington, for plaintiff below, appellant.

Victor F. Battaglia and Gary W. Aber, of Biggs & Battaglia, Wilmington, for defendant below, appellee.

Before DUFFY and McNEILLY, JJ., and BROWN, Vice Chancellor.

DUFFY, Justice:

This is an appeal from an order of the Superior Court granting summary judgment for defendant-physician in a medical malpractice (wrongful death) action.

I

Briefly stated, defendant diagnosed and prescribed treatment for viral gastro-enteritis in an eleven-year-old patient and it is alleged that the death was caused by a perforated appendix. The relevant time period of the physician-patient relationship extended from examination and...

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