The Delaware Supreme Court asked attorneys whether a doctor’s use of the word “likely” was a medical opinion stated in terms of reasonable medical probability or certainty during oral arguments last week in a medical negligence case. The appellant asked the high court to reverse a Superior Court decision granting judgment as a matter of law in favor of the defendants and, instead, grant a jury trial.
“The dictionary equates probably with likely,” said Ben T. Castle, an attorney with Hudson & Castle who represented appellant Barbara M. Mammarella. “That is the way numerous human beings speak the English language.”
