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TAYLOR v. WILMINGTON MEDICAL CENTER, INC.

Civ. A. No. 81-147-WKS.

577 F.Supp. 309 (1983)

Paul E. TAYLOR, Jr., individually and as next friend of Timothy P. Taylor and Gladys F. Taylor, Plaintiffs, v. WILMINGTON MEDICAL CENTER, INCORPORATED, a hospital corporation of the State of Delaware, and J. Rafael Yanez, M.D., Defendants.

United States District Court, D. Delaware.

November 16, 1983.

Attorney(s) appearing for the Case

C. Waggaman Berl, Jr., Howard M. Berg, Marie C. Bifferato, Howard M. Berg & Associates, Wilmington, Del., for plaintiffs.

Robert J. Katzenstein, Richards, Layton & Finger, Wilmington, Del., for defendant Wilmington Medical Center.

William D. Bailey, Jr., Phebe S. Young, Bayard, Brill & Handelman, Wilmington, Del., for defendant Yanez.

OPINION

STAPLETON, Chief Judge:

This medical malpractice action was brought by Paul E. Taylor, as next friend of his minor son, Timothy P. Taylor, alleging malpractice in the medical treatment afforded Timothy by J. Raphael Yanez, M.D., among others. Doctor Yanez has moved for summary judgment on all claims.

This Court reads the specific allegations of malpractice to be as follows:

1. Failure to properly diagnose Timothy's condition as lipomyelomeningocele...

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