United States v. Anderson

VEASEY, Chief Justice:

The following questions of law have been certified by the United States District Court for the District of Delaware pursuant to Article IV, Section 11(9), of the Delaware Constitution and Supreme Court Rule 41:

I. Recovery for Increased Risk of Harm Viewed as a Present Change in Position

a. May a plaintiff who successfully asserts a claim pursuant to 18 Del.C. § 6853 recover, as an element of damages, for increased risk of harm stemming from the fact that defendant’s failure to diagnose, which constitutes a deviation from the standard of care, caused, to a reasonable…