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FREEMAN v. X-RAY ASSOCIATES, P.A.

No. 453, 2009.

3 A.3d 224 (2010)

Marguerite F. FREEMAN, Appellant, v. X-RAY ASSOCIATES, P.A. and Randall W. Ryan, M.D., Appellees.

Supreme Court of Delaware.

Decided: July 8, 2010.

Attorney(s) appearing for the Case

L. Vincent Ramunno , Ramunno & Ramunno, P.A., Wilmington, Delaware, for appellant.

Bradley J. Goewert , Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, Delaware, for appellees.

Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices.

STEELE, Chief Justice:

In this medical malpractice dispute, Marguerite F. Freeman appeals from a directed verdict granted in favor of Dr. Randall Ryan and X-Ray Associates, P.A. Freeman contends that 18 Del. C. § 6853 creates a presumption of negligence when a surgical procedure is performed on the wrong organ, which may be rebutted but only before a jury. In response, Dr. Ryan asserts that Freeman's liver biopsy was not a surgical procedure on the wrong...

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