Freeman v. X-Ray Associates, P.A.

STEELE, Chief Justice:

In this medical malpractice dispute, Marguerite F. Freeman appeals from a directed verdict granted in favor of Dr. Randall Ryan and X-Ray Associates, P.A. Freeman contends that 18 Del. C. § 6853 creates a presumption of negligence when a surgical procedure is performed on the wrong organ, which may be rebutted but only before a jury. In response, Dr. Ryan asserts that Freeman’s liver biopsy was not a surgical procedure on the wrong organ; therefore, 18 Del. C. § 6853 does not apply. Dr. Ryan further contends that even if the statute applies, the defense conclusively…