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SHIVELY v. KLEIN

551 A.2d 41 (1988)

Robert SHIVELY, Individually and as Administrator of the Estate of Troy Shively, Deceased, and Priscilla Shively, Plaintiffs Below, Appellants, v. Gershon KLEIN, M.D., and John Bartley Stewart, M.D., Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: October 21, 1988.

Attorney(s) appearing for the Case

Bayard Marin, of Marin and Hudson, Wilmington, for appellants.

F. Alton Tybout, of Tybout, Redfearn, Casarino & Pell, Wilmington, for appellees.

Before CHRISTIE, C.J., and HORSEY and HOLLAND, JJ.

CHRISTIE, Chief Justice:

This case arises from a wrongful death action brought by the plaintiffs/appellants, the parents of a deceased minor child. The suit alleges that the defendant/appellee, Dr. Klein, was guilty of medical malpractice because he failed to properly diagnose and treat the child's illness in the period immediately preceding her death.1

The child was born on August 19,...

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