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KEARNEY v. BERGER

No. 125, September Term, 2009.

7 A.3d 593 (2010)

416 Md. 628

Gail A. KEARNEY, Individually, etc., et al. v. Robert S. BERGER.

Court of Appeals of Maryland.

October 28, 2010.

Attorney(s) appearing for the Case

Barry J. Nace ( Jonathan B. Nace , Paulson & Nace, PLLC, Washington, D.C.), on brief, for appellants.

Thomas C. Marriner (Wharton, Levin, Ehrmantraut & Klein, P.A., Annapolis), on brief, for appellee.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, BARBERA and JOHN C. ELDRIDGE (Retired, specially assigned), JJ.

GREENE, J.

This is a medical malpractice case filed by the Estate of Kevin M. Kearney and four of Kearney's surviving family members ("Petitioners") against Dr. Robert Berger ("Dr. Berger"). Petitioners allege that Dr. Berger should have, but did not, perform a timely biopsy when he examined a mole on Kearney and that the mole later proved to be melanoma, a type of skin cancer. Kearney subsequently died, and Petitioners assert that Dr. Berger's failure to perform...

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