DISHMON v. FUCCI, 06C-12-231-JEB (Del.Super. 8-11-2009)

MICHAEL DISHMON, individually and as Executor of the Estate of JAMES L. DISHMON, and JAMES DISHMON, JR., LINDA DAVIS, PATRICIA MILLER, and VICKY KENNARD, Plaintiff, v. PASQUALE FUCCI, M.D. and BERNARD SCHNEIDER, PA-C, Defendant.

C.A. No. 06C-12-231-JEB.Superior Court of Delaware, Superior County.
Decided: August 11, 2009.

Defendants’ Motion to Review Affidavit of Merit. Affidavit Not in Compliance with Statute. Complaint Dismissed.

ORDER
JOHN E. BABIARZ, JR., Judge

Defendants Pasquale Fucci, M.D., and Bernie Schneider, PA-C, have moved for an in camera review of the Affidavit of Merit filed with Plaintiff’s Decedent’s Complaint alleging healthcare medical negligence. The Court has reviewed the Affidavit and concludes that it does not comply with the requirements of 18 Del. C. § 6853 in the following ways:

First, it does not contain the medical expert’s curriculum vitae.

Second, it does not demonstrate that the medical expert, who is a medical doctor, is sufficiently acquainted with the standard of care applicable to a physician’s assistant,

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which of necessity differs from that applicable to a physician.

Third, it does not state that either Defendant Fucci or Defendant Schneider breached the applicable standard of care.

The Affidavit of Merit fails on three fronts, and the Complaint is therefore Dismissed .
It Is So ORDERED.

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