Opinion
C.A. No.: 12C-01-063 FSS (E-FILED)
03-29-2012
JON D. KALINOWSKI and CATHERINE A. DOWNS, Plaintiffs, v. GREGORY D. ADAMS, M.D., GLASGOW FAMILY PRACTICE, P.A., and GLASGOW FAMILY PRACTICE OF DELAWARE, L.L.C., Defendants.
ORDER
Upon Review of the Affidavit of Merit
This is Plaintiff's second attempt to comply with 18 Del. C. § 6853(a)(1) and (c) in a wrongful death suit based on Defendants' alleged healthcare negligence.
In Delaware, a healthcare negligence lawsuit cannot be filed without an affidavit of merit, which must state, inter alia, that reasonable grounds exist to believe Defendants were negligent, and this negligence proximately caused Plaintiff's injury. Plaintiff's first attempt failed because the medical expert's affidavit of merit did not state Defendants' negligence proximately caused Plaintiff's injuries. Instead, it stated, "As a result of the violation of the standard of care, Plaintiff suffered injury." The court granted Plaintiff an additional twenty-one days to submit an amended affidavit of merit addressing proximate causation.
Plaintiff has timely submitted an amended affidavit of merit. After reviewing it, in camera, the court is satisfied the amended affidavit of merit explicitly states Defendants' negligence proximately caused Plaintiff's injury. Therefore, the court finds that the affidavit of merit now complies with 18 Del. C. § 6853(a)(1) and (c).
IT IS SO ORDERED.
Fred S. Silverman
Judge
cc: Prothonotary (Civil)
pc: Kenneth M. Roseman, Esquire
Frederick S. Freibott, Esquire
Steven F. Mones, Esquire
Andrew W. Vernick, Esquire
Gregory S. McKee, Esquire
Joshua H. Meyeroff, Esquire