Bush v. HMO of Delaware, Inc.

This is an appeal following an adverse verdict in the Superior Court by a plaintiff in a medical malpractice action. The plaintiff-appellant contends that the Superior Court erred by precluding, in part, the rebuttal testimony of an expert witness. It is also claimed that the trial court erred by instructing the jury concerning the plaintiffs duty to exercise reasonable diligence in attempting to ascertain the basis for the alleged acts of malpractice within the two year period for the bringing of such claims.

We conclude that the Superior Court properly exercised its discretion in its partial…