Corbitt v. Tatagari

WALSH, Justice.

In this appeal from the Superior Court, we consider the correctness of jury instructions given in a medical malpractice action. The plaintiff below alleged that both his family physician and an emergency room physician breached the standard of care by failing to diagnose him with appendicitis before his appendix ruptured. The jury was instructed on the applicable standard of care, as found in 18 Del. C. § 6801(7) * . The jury was further offered an explanation of the standard of care using language not found in the statute, but conforming to pattern jury instructions. It is…