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CHEEK v. DOMINGO

Civ. No. 1984/275.

628 F.Supp. 149 (1986)

Wendell CHEEK, Plaintiff, v. Jose DOMINGO, M.D. Defendant.

District Court, Virgin Islands, D. St. Croix.

February 13, 1986.

Attorney(s) appearing for the Case

Vincent A. Colianni, Christiansted, St. Croix, V.I., for plaintiff.

Patricia D. Steele, Christiansted, St. Croix, V.I., for defendant.

MEMORANDUM OPINION

DAVID V. O'BRIEN, District Judge.

We are presented here with two issues peculiar to medical malpractice cases. First, can the defendant physician base a contributory negligence defense on the acts of the plaintiff which caused the injury necessitating treatment? And second, is a specialist competent to testify as to the general practitioner's standard of care? We answer the first question in the negative and the second affirmatively.<...

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