SUAREZ v. WILMINGTON MEDICAL CENTER, INC.


526 A.2d 574 (1987)

Domenic SUAREZ, a minor, by his Next Friend Elizabeth SUAREZ, and Elizabeth Suarez, Individually, Plaintiffs, v. WILMINGTON MEDICAL CENTER, INCORPORATED, a corporation of the State of Delaware, Katherine Esterly, M.D., Patricia Purcell, M.D., Ralph S. Milner, M.D., Ralph S. Milner, M.D., P.A., and Janaki B. Kaza, Defendants.

Superior Court of Delaware, New Castle County.

Decided: April 9, 1987.


Attorney(s) appearing for the Case

Harold Schmittinger and Charles Whitehurst of Schmittinger & Rodriguez, Wilmington, for plaintiffs.

Victor F. Battaglia and Wayne A. Marvel of Biggs & Battaglia, Wilmington, for defendant Milner.


O'HARA, Judge.

Presently before the Court is a motion for summary judgment filed by defendant Ralph S. Milner, M.D. in the above captioned case. For the reasons stated herein, defendant's motion is granted.

Domenic Suarez is a minor child born prematurely on June 11, 1982 at Kent General Hospital in Dover, Delaware. At birth, which occurred at a gestational age of approximately 29 weeks, the baby suffered from numerous...

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