O'Toole v. State
In O'Toole v. State, 1997 WL 819134 (Del. Super.1997), the defendant argued on appeal that the Court should have excluded the results of a blood test because the phlebotomist drew the blood from defendant's arm in a manner violative of "medically accepted procedures for the drawing of blood" as set forth in 21 Del. C. 2746. Id.
In answering the question of whether 21 Del. C. 2746 creates a standard of care requirement that blood be drawn in a manner prescribed by the medical community, the Superior Court noted that "the clear and unambiguous language of 21 Del. C. 2746 reflects a design to limit who may draw blood and not the manner in which it is drawn."