Trial Blog

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“It is no defense that the patient gave consent if the consent was not given with a true understanding of the nature of the operation to be performed, the seriousness of it, the organs of the body involved, the disease or incapacity to be cured, and the possible results.”- Dunham, 423 F.2d at 945. Barriocanal v.Gibbs, 433 A.2d 1051, 1172 (Del. Super. Ct. 1981).

Motion Denied

Case Information MD Courts.com

(24)  5/21/2007 Plaintff’s Motion to Alter/Amend Judgment Motion for Permission to Amend Complaint: Denied

(42) 12/30/2008  Plaintiff’s Motion for Extension of Time within Which to File Response to Defendant’s Motion to Dismiss Amended Complaint: Denied

02/02/2008 Paintiff’s Motion to Strike: Denied

(46)01/09/2009 Plaintiff’ Renewed Motion for Extension of Time and /or Motion for Reconsideration: Denied

02/02/09 Plaintiff’s Motion to Strike Defendant’s Motion to Dismiss and/or Motion for Default Judgment: Denied

2/2/09 Ordered the the amended complaint filed in this court on November 26, 2008 is hereby stricken because each individual count as alleged in the amended complaint does not “relate back… ” The plaintiff must proceed on the informed consent count only…

02/18/09 Plaintiff’s Renewed Motion for Extension of Time and/or Motion for Reconsideration: Denied

2/20/2009 Plaintiff’s Motion for Extension and Motion for Reconsideration: Denied

(67) 10/05/2009 Plaintiff’s Motion to Extend Time within which to File Expert Designation: Denied, Defts’ Motion to Strike Plaintiffs’ expert designations is Granted.

01/14/2010 Plaintiff’s Motion for Extension of Time within which to Complete Discovery of Proposed Order: Denied


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2 Responses to Trial Blog

  1. danwalter says:

    I’m sure he calls them the way he sees them.

  2. Katy says:

    This judge has definite leanings toward the defense!
    Let’s hope these denials hopefully can be appealed as error of the court with some legal argument

    Has there been any research done of this particular judge’s rulings to measure denials v. grants for the plaintiffs motions –[in medical malpratice cases only]
    I would be very curious as to the statistical results

    Let’s hope one day there will be a website showing these statistical factors about all judges to the general public –
    Who knows – it may be out there already?

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