Fletcher v. Select Specialty Hospital

Summary

The Delaware Superior Court reviewed a supplemental affidavit of merit filed in a pro se medical negligence action against Select Specialty Hospital. The court found that the affidavit failed to satisfy statutory requirements, including opinions regarding breach of the standard of care and proximate causation, expert qualifications, and attachment of a curriculum vitae. Because the plaintiff had already received additional opportunities to comply, the court held that the case could not proceed and stated that a separate dismissal order would be entered.

Holdings

1. The supplemental affidavit did not comply with 18 Del. C. § 6853(a)(1) because it failed to state that the applicable standard of care was breached by Select Specialty and that the breach proximately caused the alleged injuries and death; it also failed to establish the expert's required same-or-similar-field experience and failed to attach a curriculum vitae.
2. The action could not proceed and was dismissed because plaintiff failed to comply with the mandatory affidavit-of-merit statute after receiving two additional opportunities to cure the deficiencies.

Questions Presented

1. Whether the supplemental affidavit of merit complied with 18 Del. C. § 6853(a)(1), including the requirements that the expert identify reasonable grounds to believe the applicable standard of care was breached and that the breach proximately caused the alleged injuries.
2. Whether the court could dismiss the medical negligence action after plaintiff failed, despite two additional opportunities, to submit a statutorily compliant affidavit of merit.

Disposition

dismissed