Opinion
C.A. No. 06C-02-047 RRC, Consolidated case with 05C-06-101 RRC.
Submitted: April 25, 2006.
Decided: May 18, 2006.
On "Motion to Determine if Affidavit of Merit Complies with [18 Del. C. § 6853(a)(i)(c)" of Defendants Mary Ann Connor and Van Buren Medical Associates, P.A.
Affidavit reviewed.Richard A. Zappa, Esquire, Young Conaway Stargatt Taylor LLP Wilmington, Delaware, Attorney for Plaintiff.
John A. Elzufon, Esquire, Diane M. Andrews, Esquire Elzufon Austin Reardon Tarlov Mondell, P.A. Wilmington, Delaware, Attorneys for Defendants Mary Ann Connor and Van Buren Medical Associates, P.A.
Dennis D. Ferri, Esquire Morris James Hitchens Williams Wilmington, Delaware, Attorney for Defendants Christiana Care Health Services, Inc. And Christiana Care Health Systems, Inc.
Dear Counsel:
1. There are three Affidavits of Merit submitted by Plaintiffs in connection with Plaintiffs' claims against Mary Ann Connor and Van Buren Medical Associates, P.A.
2. Two of the affidavits (submitted by board certified family practice physicians) comply with 18 Del. C. § 6853. However, the Court has not considered, for purposes of this motion, the third affidavit (submitted by a board certified neurosurgeon) as it appears unnecessary for the Court to Rule upon that affidavit, given the Court's conclusions with respect to the first two affidavits that they comply with the statute.
3. The Court also observes that no allegations of health care negligence have been specifically made against Van Buren Medical Associates, P.A. presumably because of Van Buren's admitted potential liability under principles of respondent superior as evidenced in paragraph 5 of the Answer of Defendants Mary Ann Connor and Van Buren Medical Associates, P.A. to the Plaintiffs' Amended Complaint.
4. However, the Court further notes that none of the Affidavits of Merit address the allegation raised for the first time in Paragraph 21(e) of Plaintiffs' Amended Complaint that Defendant negligently "ordered medications for Mr. Harris which caused him to fall in his room on February 6, 2004."
Very truly yours,