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MUGGLEWORTH v. FIERRO

C.A. No. 03C-07-250 SCD.

877 A.2d 81 (2005)

Linda MUGGLEWORTH, as Executrix for the Estate of Barbara Jane McBride, Plaintiff, v. James FIERRO, D.O.; Anthony Alfieri, D.O.; Delaware Cardiovascular Associates; and St. Francis Hospital;, Defendants.

Superior Court of Delaware, New Castle County.

Decided: May 12, 2005.

Attorney(s) appearing for the Case

David R. Anderson, Sr., Esquire, Townsend, Delaware and Gary R. Katz, Esquire, West Chester, Pennsylvania, Attorneys for Plaintiffs.

Jeffrey M. Austin, Esquire, Elzufon Austin Reardon Tarlov & Mondell, P.A., Wilmington, Delaware, Attorney for Defendant Fierro.

Gilbert F. Shelsby, Jr., Esquire, Morgan Shelsby & Leoni, Newark, Delaware, Attorney for Defendant Delaware Cardiovascular Associates.

OPINION

DEL PESCO, J.

This is a wrongful death claim, stating as its sole cause of action against defendant his continuous negligent medical treatment of decedent. The issue is when the statute of limitations commenced to run on the decedent's claim against defendant, who had treated her for nearly a decade. The statute began running when decedent received treatment for a previously undiagnosed heart...

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