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BUSH v. HMO OF DELAWARE, INC.

No. 420, 1996.

702 A.2d 921 (1997)

Lee Ann BUSH, as Executrix of the Estate of Virginia A. Groff and Lee Ann Bush, Amy Groff Ciafi, Harry Groff, Sally Reissman, and Carol S. Marconi, Plaintiffs Below, Appellants, v. The HMO OF DELAWARE, INC., Paul Nicholasen, M.D., Robert Ghrist, M.D., University of Delaware, and Lori Talbot, M.D., Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: December 1, 1997.

Attorney(s) appearing for the Case

Richard R. Wier, Jr., Wilmington, for Appellants.

Frederick L. Cottrell, III, Richards, Layton & Finger, Wilmington, for Appellees The HMO of Delaware and Dr. Paul J. Nicholasen, Jr.

F. Alton Tybout, Tybout, Redfearn & Pell, Wilmington, for Appellees University of Delaware and Lori Talbot, M.D.

Sherry C. McReynolds, Morris, James Hitchens & Williams, Wilmington, for Appellee Robert M. Ghrist, M.D.

Before WALSH and BERGER, JJ., and BALICK, Vice Chancellor.

PER CURIAM.

This is an appeal following an adverse verdict in the Superior Court by a plaintiff in a medical malpractice action. The plaintiff-appellant contends that the Superior Court erred by precluding, in part, the rebuttal testimony of an expert witness. It is also claimed that the trial court erred by instructing the jury concerning the plaintiff's duty to exercise reasonable diligence in attempting to ascertain the basis for the alleged acts of malpractice...

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