Register Ex Rel. Register v. Wilmington Medical Center, Inc.

In this medical malpractice action, plaintiff appeals from a judgment entered on the verdict of a Superior Court jury for The Wilmington Medical Center, Inc. (defendant). * We conclude that the Trial Court improperly withheld from the jury relevant evidence concerning the attending physician’s past professional performance and, for that reason, we reverse.

I

Plaintiff brings this action for damages on behalf of her minor child who was injured during childbirth. The resulting condition, known medically as “Erb’s palsy,” has left the child with permanent partial paralysis of the right arm.

Principa…