SHAPIRA v. CHRISTIANA CARE HEALTH SERVICES

No. 392, 2013.

99 A.3d 217 (2014)

Nadiv SHAPIRA, M.D., and Nadiv Shapira, M.D., LLC, Defendants Below, Cross Appellants, v. CHRISTIANA CARE HEALTH SERVICES, INC., Defendant Below, Appellant/Cross Appellee, and John Houghton and Evelyn Houghton, his wife, Plaintiffs Below, Cross Appellees.

Supreme Court of Delaware.

Decided: August 7, 2014.

Reargument Denied August 14, 2014.


Attorney(s) appearing for the Case

John A. Elzufon, Esquire (argued) and Gary W. Alderson, Esquire , Elzufon Austin Tarlov & Mondell, P.A., Wilmington, Delaware for Cross Appellants, Nadiv Shapira, M.D. and Nadiv Shapira, M.D., LLC.

Dennis D. Ferri, Esquire (argued) and Allyson Britton DiRocco, Esquire , Morris, James LLP, Wilmington, Delaware, for Appellant, Cross Appellee, Christiana Care Health Services, Inc.

Randall E. Robbins, Esquire (argued) and Carolyn S. Hake, Esquire , Ashby & Geddes, Wilmington, Delaware, for Appellees, Cross-Appellees, John Houghton and Evelyn Houghton.

Before STRINE, Chief Justice, HOLLAND, BERGER, and RIDGELY, Justices and LASTER, Vice Chancellor, constituting the Court en Banc.


BERGER, Justice:

This is an appeal from a jury verdict in favor of the patient in a medical malpractice action. The patient alleged that his physician negligently performed a surgical procedure and breached his duty to obtain informed consent. The patient also sued the supervising health services corporation based on vicarious liability and independent negligence. The jury found both the physician and the corporation negligent...

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