Ward v. Milford Center, L.L.C. ( 2020 )

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
KAREN L. WARD, as Power of )
Attorney for EVELYN M. )
CORNELSON, )
)
Plaintiff, )
)
v. ) C.A. No. N20C-04-059 JRJ
)
MILFORD CENTER, L.L.C., )
a Delaware limited liability company, )
)
Defendant. )
ORDER
Submitted: June 18, 2020
Decided: July 22, 2020
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).1
IT IS SO ORDERED.
Jan R. Jurden
______________________________
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.
1
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).
2