SPICER v. OSUNKOYA

No. 102, 2011.

32 A.3d 347 (2011)

Deborah L. SPICER, individually and as Parent and Natural Guardian of Brittany Spicer, a minor, Plaintiffs Below, Appellants, v. Abimbola OSUNKOYA, M.D., and Delaware Primary Care, LLC, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: November 15, 2011.


Attorney(s) appearing for the Case

Gilbert F. Shelsby, Jr., Esquire (argued) and Robert J. Leoni, Esquire , Shelsby & Leoni, Stanton, Delaware for Appellants.

John D. Balaguer, Esquire , White and Williams LLP, Wilmington, Delaware for Appellees.

Before BERGER, JACOBS, and RIDGELY, Justices.


BERGER, Justice:

In this interlocutory appeal of a medical malpractice action, we consider whether a doctor owes a duty of care to a patient after the doctor has referred the patient to a specialist. The patient does not allege that the referring doctor knew or should have known that the specialist was incompetent. After the referral, the first doctor had no further involvement in the treatment or care of the patient, and the specialist decided on a treatment without...

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