Charles Leatherbury v. Bertram Greenspun, D.O., Christiana Care Health Services, Inc., and Brian H. Sarter, M.D.

Summary

The Supreme Court of Delaware affirmed dismissal of a medical malpractice action as barred by the two-year statute of limitations. It held that tolling under 18 Del. C. § 6856(3) requires strict compliance with the statutory requirement to send a notice of intent by certified mail, return receipt requested, and that Federal Express delivery does not satisfy that requirement.

Holdings

1. A plaintiff may toll the two-year medical-malpractice statute of limitations for up to ninety days under § 6856(3) only by sending the notice of intent to investigate to each potential defendant by certified mail, return receipt requested. Certified mail does not include delivery through private carriers such as Federal Express.

Questions Presented

1. Whether 18 Del. C. § 6856(3) permits a plaintiff to toll the medical-malpractice statute of limitations by sending a notice of intent to investigate through Federal Express rather than by certified mail, return receipt requested.
2. Whether actual notice or substantial compliance can substitute for the statute's specified method of delivery.

Disposition

affirmed