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McCUSKER v. SURGICAL MONITORING ASSOCIATES, INC.

No. CIV.A.01-891 KAJ.

299 F.Supp.2d 396 (2004)

George J. McCUSKER, Plaintiff, v. SURGICAL MONITORING ASSOCIATES, INC., et al., Defendant.

United States District Court, D. Delaware.

January 14, 2004.

Attorney(s) appearing for the Case

Ben T. Castle, and Neilli Mullen Walsh, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, counsel for plaintiff.

John D. Balaguer, White and Williams LLP, Wilmington, DE, counsel for defendant Surgical Monitoring Associates, Inc.

Mason E. Turner, Jr., Wilmington, DE, counsel for defendant Anesthesia Services, P.A.

Gilbert F. Shelsby, Morgan, Shelsby & Leoni, Newark, DE, counsel for defendant Neurosurgery Consultants, P.A.

James Edward Drnec, Esq., Morris, James, Hitchens & Williams, Wilmington, DE, counsel for defendant Christiana Care Health Services, Inc.

MEMORANDUM OPINION

JORDAN, District Judge.

I. INTRODUCTION

This is a claim of medical negligence under the Delaware Medical Malpractice Act (the "Act"), 18 Del. C. § 6853. Jurisdiction is proper under 28 U.S.C. § 1332. Plaintiff George J. McCusker filed this action on December 21, 2001, alleging that defendants were negligent in rendering medical care to him during back surgery performed on September 20, 2000. (Docket Item ["D.I."] 1...

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