Spicer v. Osunkoya
2011 Del. LEXIS 610
| Del. | 2011Background
- Interlocutory medical negligence appeal concerning duty after referral to a specialist.
- Brittany Spicer suffered anoxic brain injury after a tonsillectomy by ENT Dr. Cooper; alleged overdose of oxycodone caused respiratory depression.
- Family practitioner Dr. Osunkoya treated Brittany, diagnosed recurrent tonsillitis, and referred her to Cooper; Osunkoya had no further involvement after referral.
- Cooper relied on Brittany’s history provided by the family; Cooper independently diagnosed and performed the tonsillectomy.
- Superior Court granted summary judgment in favor of Osunkoya; issue is whether Osunkoya owed a duty post-referral and whether referral was proximate cause; Court affirms judgment as a matter of law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty after referral to a specialist | Osunkoya owed duty after referral | No duty after referral once professional responsibility transfers | Osunkoya owed no duty after referral |
| Proximate cause linking pre-referral negligence to injury | Pre-referral negligence could be proximate cause | Referral breaks causal chain; remote pre-referral act not proximate cause | No proximate causation; remote pre-referral negligence not liable |
| Effect of lack of collaboration or records transfer | Incomplete records could cause harm | No duty once referral completed; no agency or concert of action | No duty or liability from lack of record transfer |
Key Cases Cited
- Spencer v. Goodill, 17 A.3d 552 (Del.2011) (recitation of proximate cause principles in Delaware torts)
- Chudnofsky v. Edwards, 208 A.2d 516 (Del.1965) (duty and causation considerations in medical referral context)
- Wentling v. Jenny, 206 Neb. 335, 293 N.W.2d 76 (Neb.1964) (causation and duty issues in medical negligence context)
- Stovall v. Harms, 214 Kan. 835, 522 P.2d 353 (Kan.1974) (superseding cause concepts in proximate causation)
- Tramutola v. Bortone, 63 N.J. 9, 304 A.2d 197 (N.J.1973) (joint employment/concert of action doctrines in liability)
- Crump v. Piper, 425 S.W.2d 924 (Mo.1968) (medical negligence causation discussions)
- Sprinkle v. Lemley, 243 Or. 521, 414 P.2d 797 (Or.1966) (causation and duty principles in medical cases)
- Duphily v. Del. Elec. Coop. Inc., 662 A.2d 821 (Del.1995) (commentary on tort causation and doctrine)
- McKeon v. Goldstein, 164 A.2d 260 (Del.1960) (Delaware causation/duty standards)