Supreme Court of Delaware
Peter J. Wong, M.d., and Dedicated to Women, Ob-Gyn, P.a., Defendants Below, Appellants v. Monica Broughton…
February 4, 2019204 A.3d 105
Summary
The Supreme Court of Delaware affirmed a medical-malpractice judgment for the plaintiff, holding that the trial court properly admitted the plaintiff's standard-of-care and causation experts and allowed statistical evidence concerning the rarity of brachial plexus injuries. The court also held that the trial court correctly refused to give an emergency-actions jury instruction because the statutory medical-negligence standard already accounts for emergencies encountered by physicians. The court concluded that the challenged expert opinions were supported by relevant experience and case-specific information, and that the defense objections principally concerned evidentiary weight rather than admissibility.