Opinion
C.A. No. N20C-04-059 JRJ
07-22-2020
KAREN L. WARD, as Power of Attorney for EVELYN M. CORNELSON, Plaintiff, v. MILFORD CENTER, L.L.C., a Delaware limited liability company, Defendant.
ORDER
Upon Defendant Milford Center L.L.C.'s Motion for Review of Affidavit of Merit
1. This Motion arises from a healthcare medical negligence suit filed by Plaintiff Karen L. Ward as Power of Attorney for Evelyn M. Cornelson against Defendant Milford Center, L.L.C. Defendant requests an in camera review of the Affidavit of Merit and curriculum vitae submitted by Plaintiff in connection with the Complaint to determine if the Affidavit of Merit and associated curriculum vitae comply with 18 Del. C. § 6853 (a)(1) and (c).
2. Section 6853(a)(1) of Title 18 of the Delaware Code provides that all healthcare negligence complaints must be accompanied by "[a]n affidavit of merit as to each defendant signed by an expert witness . . . and accompanied by a current curriculum vitae of the witness, stating that there are reasonable grounds to believe that there has been health-care medical negligence committed by each defendant."
3. Here, Plaintiff alleges she sustained injuries as a proximate result of Defendant's alleged negligent nursing care. After an in camera review, the Court finds the Affidavit of Merit and curriculum vitae comply with 18 Del. C. § 6853 (a)(1) and (c).
See Wagner v. Christiana Care Health Servs., Inc., 2015 WL 13697661 (Del. Super. Ct. Oct. 15, 2015) (holding that based on the nurse's experience, she qualified as an expert under 18 Del. C. § 6853(a)(1) and (c) where a patient claimed bed sores and other injuries resulting from negligent nursing care).
IT IS SO ORDERED.
/s/_________
Jan. R. Jurden, President Judge Original to Prothonotary
Cc: Gary S. Nitsche, Esq.
Katherine L. Hemming, Esq.
Bradley J. Goewert, Esq.
Catherine M. Cramer, Esq.