Baron v. Cadia Healthcare

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
JOSEPHINE BARON, Individually and )
As Personal Representative of THE )
ESTATE OF DAVID BARON, and )
MEGHAN BARON, Individually, )
) C.A. No. N24C-03-226 FJJ
Plaintiffs, )
)
v. )
)
CADIA HEALTHCARE LLC and )
ONIX GROUP, LLC, d/b/a CADIA )
HEALTHCARE PIKE CREEK, )
)
Defendants. )
ORDER REGARDING AFFIDAVIT OF MERIT
This 11th day of July, 2024, the Court, at the request of the Defendants has
reviewed in camera Plaintiffs’ Affidavit of Merit pursuant to 18 Del. C.
§§6853(a)(3), and 6853(d). Having done so, the Court finds:
1. An expert witness, who is nurse, has signed the affidavit of merit.
2. The affidavit is accompanied by a curriculum vitae of the expert witness.
The curriculum vitae is not dated and given how the curriculum vitae
reads there remains a question in this reviewer’s mind about whether the
curriculum vitae was prepared sometime before April 30, 2021. At this
point the Court cannot conclude that the expert witness was licensed to
practice nursing as of the date of the Affidavit. The Court also cannot
conclude that the expert witness has been engaged in the treatment of
patients and/or in the academic side of the field of nursing for at least three
years preceding the acts alleged in the complaint.
3. The expert witness who signed the Affidavit is a nurse and has experience
with nursing care in nursing homes and rehabilitation facilities.
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4. The Affidavit includes an opinion that defendants breached the applicable
standard of care in this case, and that this breach was the proximate cause
of the injuries alleged in the Complaint.
5. The Complaint in this case alleges acts of negligence beyond negligence
involving the care of nurses. The Affidavit of merit and the accompanying
curriculum vitae do not demonstrate that the expert has expertise beyond
nursing. Therefore as to the allegations in the compliant that go beyond
nursing care the affidavit of merit is deficient as to those allegations.
Based on the foregoing, the Court finds that the Affidavit of Merit does not
comply with the requirements of 18 Del. C. §6853(a)(1), and §6853(c). Within 45
days of the date of this order plaintiff is given leave to file amended and/or
supplemental affidavits that address the deficiencies outlined herein. Failure to file
an amended and/or supplemental affidavit will subject this case to being dismissed.
IT IS SO ORDERED.
/s/ Francis J. Jones, Jr.
Francis J. Jones, Jr., Judge
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