Hurtt v. Goleburn

OPINION

CHRISTIE, Judge.

This is an action in which it is alleged that medical malpractice resulted in the death of an eleven year old child. Plaintiff is the father and administrator of the estate of the deceased child. The defendant, a physician, has moved for summary judgment on the ground that there is no evidence indicating that he failed to act in accordance with medical standards in the community.

As defendant is the moving party, the facts must be construed in the light most favorable to the plaintiff. Smith v. Berwin Builders, Inc., Del.Super., 287 A.2d 693 (1972).

The record contains…