Legal Opinion

Spicer v. Osunkoya

Supreme Court of Delaware

Decided November 15, 2011No. 102, 2011PublishedCited by 3 opinions

1Opinion of the Court

BERGER, Justice:

In this interlocutory appeal of a medical malpractice action, we consider whether a doctor owes a duty of care to a patient after the doctor has referred the patient to a specialist. The patient does not allege that the referring doctor knew or should have known that the specialist was incompetent. After the referral, the first doctor had no further involvement in the treatment or care of the patient, and the specialist decided on a treatment without any reliance on the first doctor’s medical records or diagnosis. The patient allegedly suffered serious injuries as a result of…

2Cases cited9 opinions

  1. Duphily v. Delaware Electric Cooperative, Inc.Supreme Court of Delaware · 1995
  2. Chudnofsky v. EdwardsSupreme Court of Delaware · 1965
  3. Tramutola v. BortoneSupreme Court of New Jersey · 1973
  4. McKeon v. GoldsteinSupreme Court of Delaware · 1960
  5. Sprinkle v. LemleyOregon Supreme Court · 1966

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. United States v. Christopher LaranetaCourt of Appeals for the Seventh Circuit · 2012
  2. Doe 30's Mother v. BradleySuperior Court of Delaware · 2012
  3. Roseboom v. United StatesDistrict Court, D. Delaware · 2022

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