Summary
accepting an amended affidavit after the court rejected the original affidavit of merit for its failure to state whether the defendant's breach of the standard of care had proximately caused the plaintiff's injuries
Summary of this case from Peck v. Orthopaedic Assocs. of Southerne Del., P.A.Opinion
C.A. No. N15C-04-207 FSS
09-15-2015
MARIANNE PALACIO, as Guardian for NANCY MITCHELL, Plaintiff, v. PREMIER HEALTHCARE, INC. d/b/a NEWARK MANOR NURSING HOME, INC., a Delaware corporation, Defendant.
JURY TRIAL DEMANDED
ORDER
Upon Plaintiff's Amended Affidavit of Merit - Accepted
On August11, 2015, the court rejected Plaintiff's original Affidavit of Merit "because it [did] not say whether the standard of care's breaches caused Ms. Mitchell's injuries."
The order also provided:
The court must be satisfied that the expert is prepared to meet the "but for" proximate cause standard. "If the expert believes Defendant's negligence proximately caused
[Plaintiff's] injuries, the affidavit should say so in simple, clear language."Otherwise, the affidavit was acceptable.
Ellet v. Ramzy, No.Civ. A. 04C03201FSS, 2004 WL 2240153 (Del. Super. Sept. 29, 2004).
Kalinowski v. Adams, C.A. No. 12C-01-063 FSS, 2012 WL 1413999, at *1 (Del. Super. Mar. 9, 2012). --------
On August 28, 2015, Plaintiff submitted a new affidavit, opining: "But for Newark Manor Nursing Home's negligent medical care of Ms. Mitchell as a dementia patient, resulting in her burns, and its negligent medical treatment of those burns, Ms. Mitchell's injuries would not have occurred."
The amended affidavit of merit complies with 18 Del. C. § 6853(a) and (c) as to Defendant.
IT IS SO ORDERED.
/s/ Fred S. Silverman
Judge cc: Prothonotary (Civil)
Gary S. Nitsche, Esquire
Maria R. Granaudo Gesty, Esquire