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LUPINACCI v. THE MEDICAL CENTER OF DELAWARE

C.A. No. 98C-01-095.

805 A.2d 867 (2002)

Maria LUPINACCI, Plaintiff Below, Appellant, v. THE MEDICAL CENTER OF DELAWARE, Christiana Care Health Systems, and David C. Larned, M.D., Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: September 4, 2002.

Attorney(s) appearing for the Case

Bernard A. Van Ogtrop, Esquire, of Seitz, Van Ogtrop & Green, Wilmington, Delaware, for Appellant.

John A. Elzufon, Esquire, and Colleen D. Shields, Esquire, of Elzufon, Austin, Reardon, Tarlov and Mondell, P.A., Wilmington, Delaware, for Appellees The Medical Center of Delaware and Christiana Care Health Systems.

Anne L. Naczi, Esquire, of Griffin and Hackett, P.A., Georgetown, Delaware, for Appellee David C. Larned, M.D.

Before VEASEY, Chief Justice, WALSH, HOLLAND, BERGER, and STEELE, Justices, constituting the Court en Banc.

BERGER, Justice:

In this malpractice action, we consider whether the trial court erred in granting judgment as a matter of law in favor of the defendant doctor at the close of plaintiff's case. Plaintiff claimed that her doctor negligently failed to issue instructions for her post-operative care and that the defendant hospital's nurses negligently failed to alert the doctor to signs of post-operative complications. Because the evidence showed that, even without receiving...

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