Supreme Court of Delaware
Richard J. Sternberg, M.d., Below-Appellant v. Nanticoke Memorial Hosp., Inc. Daniel J. Werner John Appiott, D.o…
February 28, 20132013 Del. LEXIS 109
Summary
The Supreme Court of Delaware affirmed an award of attorney's fees and costs to Nanticoke under the hospital's Credentials Policy. It held that the contractual fee-shifting provision was not contrary to public policy, that Nanticoke had not materially breached the policy, and that the Superior Court did not abuse its discretion in awarding the full reasonable fees and costs incurred. The court also agreed that Sternberg's procedural challenge to the precautionary suspension was moot because the suspension was resolved through a negotiated leave of absence.