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Ferguson v. Vakili2/10/2005
that will be deposed could form the basis of a supplemental report by the Plaintiffs' medical expert, Dr. Krane, in which he could opine that the moving Defendants could have acted in a negligent manner and/or breached the standard of care. The Defendants' motion is premature.
This case was filed on July 11, 2003. The parties have had ample opportunity to obtain fact and expert testimony on the issue of the liability of Defendants Dr. Payne and the Medical Center. The explicit purpose of Plaintiffs' application for a continuance of the trial date and extension of the discovery cutoff was to enable determination of Mrs. Ferguson's maximum medical improvement, complete damages, and permanency issues. The Court granted the continuance and extension, over the moving Defendants' objection, for the sole purpose stated in Plaintiffs' letter dated October 5, 2004.
The Delaware Medical Malparactice Act mandates that Plaintiffs' claim for medical malpractice must be supported by expert medical testimony as to both the alleged deviation from the applicable standard of care and the causal connection between the wrongful conduct and the alleged injury . Within the ample time for expert discovery on the issue of liability permitted by the Court, Plaintiffs have failed to produce the required medical expert testimony, an essential element of their case against Defendants Dr. Payne and the Medical Center.
THEREFORE, the Motion for Summary Judgment on Behalf of Karroll L. Payne, M.D. and Christiana Care Health Services, Inc., f/k/a The Medical Center of Delaware, Inc., is hereby GRANTED. Plaintiffs' claims against Defendants Karroll L. Payne, M.D. and Christiana Care Health Services, Inc., f/k/a The Medical Center of Delaware, Inc. are hereby DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
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