Teague v. Kent General Hospital

Summary

The Delaware Supreme Court affirmed the Superior Court's judgment as a matter of law in a medical malpractice action arising from Gloria Teague's death. The court held that the defendant timely challenged the plaintiff's medical expert's competency to testify regarding the applicable family-practice standard of care and that the trial judge did not abuse his discretion by denying telephonic voir dire to rehabilitate the expert.

Holdings

1. The defendant's motion for judgment as a matter of law was timely because the alleged deficiency in Dr. Siegal's competency became apparent during his trial testimony, and the procedural rules did not require the defendant to raise the issue before or during that testimony.
2. The trial court did not abuse its discretion by refusing to permit Teague to conduct a telephonic voir dire of Dr. Siegal after the close of the case.
3. The plaintiff could not establish the alleged breach of the applicable standard of care and causation without competent expert medical testimony addressing the standard applicable to the defendant family physician; the judgment as a matter of law was therefore proper.

Questions Presented

1. Whether Dr. Isiocha timely moved for judgment as a matter of law based on Dr. Siegal's failure to establish competency to testify regarding the standard of care applicable to a family practice physician.
2. Whether the trial court abused its discretion by denying Teague's request to conduct a telephonic voir dire to rehabilitate Dr. Siegal after the close of Teague's case.

Disposition

affirmed