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HACKMAN v. CHRISTIANA CARE HEALTH SERVICES

No. 514,2003.

882 A.2d 742 (2005)

Carol G. HACKMAN, Individually and in her Capacities as Surviving Spouse of Charles H. Hackman, and as Administratrix of the Estate of Charles H. Hackman, Deceased, and Charles H. Hackman, Jr., Plaintiffs Below, Appellants, v. CHRISTIANA CARE HEALTH SERVICES, INC., a/k/a Christiana Care Health System, a corporation of the State of Delaware, William J. Schickler, M.D., P.A., William J. Schickler, M.D., Vascular Consultants, P.A., a corporation of the State of Delaware, Bruce A. Fellows, M.D., and Vascular Surgery Associates, P.A., a corporation of the State of Delaware, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: November 15, 2004.

Attorney(s) appearing for the Case

Ben T. Castle (argued), and Neilli Mullen Walsh, of Young, Conaway, Stargatt & Taylor, L.L.P., Wilmington, for Appellants.

Dennis D. Ferri (argued), of Morris, James, Hitchens & Williams, L.L.P., Wilmington, for Appellee Christiana Care Health Services, Inc., a/k/a Christiana Care Health System, and Danielle K. Yearick (argued), of Tybout, Redfearn & Pell, Wilmington, for Appellee William Schickler, M.D., P.A. and William J. Schickler, M.D. and Vascular Consultants, P.A., and John A. Elzufon, (argued), and Colleen D. Shields, of Elzufon, Austin, Reardon, Tarlov & Mondell, P.A., Wilmington, for Appellees Bruce A. Fellows, M.D., and Vascular Surgery Associates, P.A.

Before STEELE, Chief Justice, BERGER and JACOBS, Justices.

BERGER, Justice:

In this appeal, we consider whether the Superior Court erred in excluding expert testimony in a medical malpractice case. Appellant's expert was prepared to testify that it would have been a breach of the applicable standard of care if the appellee surgeon had punctured the patient's duodenum during surgery. But there was no evidence that the surgeon did puncture the duodenum, and even appellant's expert did not believe that the perforation that later...

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