Case Summary:

Harold R. Berk injured his ankle while visiting Delaware and went to Beebe Medical Center for treatment, where he was seen by Dr. Wilson Choy and other providers for what was diagnosed as a fracture that did not require immediate surgery. Hospital staff placed his leg in a boot and, in the course of doing so, allegedly twisted and aggravated the fracture, after which Berk was discharged with instructions to avoid bearing weight and to return for follow‑up care. At a follow‑up visit about a month later at Dr. Choy’s office, new X‑rays allegedly revealed that Berk’s ankle had become severely deformed, now requiring surgery, and Berk contends that this worsening resulted from negligent diagnosis, communication, and treatment by Dr. Choy and the hospital staff.

Berk, a citizen of another state, then filed a diversity medica ...