Loftus v. Hayden

TAYLOR, Judge.

Plaintiffs claim damages for injuries which they allege occurred during performance of a laparoscopy by defendant Dr. Richard C. Hayden, at the Wilmington Medical Center. In support of their contention that the injuries were caused by negligence on the part of Dr. Hayden, plaintiffs propose to rely upon expert testimony of Dr. H. Barry Jacobs, whose deposition has been taken. No other expert testimony will be offered by plaintiffs. In view of the significance of this testimony to the outcome of the case, the question of the admissibility of Dr. Jacobs’ deposition under Delaware…