Supreme Court of Delaware

In wrongful death/survival action claiming defendant-doctor violated the standard of care by failing to refer decedent (cancer victim) for a biopsy or follow-up after malignant lesions were first revealed in a CT scan, and also claiming that decedent suffered a lost chance of survival as a result, judgment as a matter of law for defendant is affirmed where the superior court properly held that plaintiff failed to prove, through expert testimony with reasonable medical probability, that doctor's alleged negligence caused any lost chance of survival.

Appellate Information

• Decided 09/04/2009
• Published 09/04/2009

Judges

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

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Kenneth M. Roseman, Esquire, Kenneth Roseman, P.A., Wilmington, Delaware, for appellants.


• For Appellees:
  
• Gary W. Alderson, Esquire, and John A. Elzufon, Esquire, Elzufon, Austin, Reardon, Tarlov & Mondell, P.A., Wilmington, Delaware, for appellee.