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SUAREZ v. WILMINGTON MEDICAL CENTER

533 A.2d 1249 (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, M.D., Defendants.

Superior Court of Delaware, New Castle County.

Decided: October 9, 1987.

Attorney(s) appearing for the Case

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

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

Robert J. Katzenstein, of Lassen Smith, Katzenstein & Furlow, Wilmington, for defendant Kaza.

OPINION

GEBELEIN, Judge.

Defendants Patricia Purcell, M.D., and Janaki B. Kaza, M.D. have filed motions for summary judgment. These motions have been consolidated for purposes of disposition.

The facts of this case indicate that Domenic Suarez is a minor child born approximately seven weeks premature on June 11, 1982 at Kent General Hospital in Dover, Delaware. At birth, the baby suffered from numerous health problems, including respiratory distress...

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