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CORBITT v. TATAGARI

No. 295, 2001.

804 A.2d 1057 (2002)

Roger B. CORBITT, Jr., Plaintiff Below, Appellant, v. Vijay R. TATAGARI, M.D. and Bayhealth Medical Center, Inc., (previously known as Kent General Hospital), Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: August 16, 2002.

Attorney(s) appearing for the Case

Stephen A. Hampton, Dover, Delaware, for Appellant.

Anne L. Naczi (argued) and Rebecca L. Trifillis, Griffin & Hackett, P.A., Georgetown, Delaware, for Appellee Vijay R. Tatagari, M.D.

Mason E. Turner, Jr., Prickett, Jones & Elliott, Wilmington, Delaware, for Appellee Bayhealth Medical Center, Inc.

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

WALSH, Justice.

In this appeal from the Superior Court, we consider the correctness of jury instructions given in a medical malpractice action. The plaintiff below alleged that both his family physician and an emergency room physician breached the standard of care by failing to diagnose him with appendicitis before his appendix ruptured. The jury was instructed on the applicable standard of care, as found in 18 Del. C...

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