IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

HELEN ZAWASK

, I ndividually and as the )

Personal Representative of the ESTATE OF )

JOHN R. ZAWASKI , )

) C.A. No. N20C

- 03

- 143 DCS

Plaintiff

, )

)

v. )

)

)

CHRISTIANA CARE HEALTH SERVICES, Inc., )

PINNACLE REHABILITATION & HEALTH )

CENTERS, INC., PINNACLE REHABILITATION,)

L.L.C., and BAYADA HOME HEALTH CARE, )

INC. )

)

Defendants. )

ORDER

This 7th day of July, 2020

, Defendant

, Christiana Care Health Services, Inc.,

having requested review of the Affidavit of Merit and the Curriculum Vitae of Plaintiff ’ s

expert pursuant to 18 Del. C. § 6853(d), a nd it appearing that:

1. Section 6853(a)(1) of Title 18 of the Delaware Code requires the plaintiff

to file: “An affidavit of merit as to each defendant signed by an expert witness, ... and

accompanied by a current curriculum vitae of the witness, stating t here are reasonable

grounds to believe that there has been healthcare medical negligence committed by each

defendant.” Section 6853(c) further provides:

The affidavit(s) of merit shall set forth the expert’s opinion that there are

reasonable grounds to be lieve that the applicable standard of care was

breached by the named d efendant(s) and that the breach was a proximate

cause of injury(ies) claimed in the complaint. An expert signing an

affidavit of merit shall be licensed to practice medicine as of the d ate of

the affidavit; and in the 3 years immediately preceding the alleged

negligent act [the expert must have] been engaged in the treatment of

patients and/or the teaching/academic side of medicine in the same or2 similar field of medicine as the defendan t ( s), and the expert shall be Board

certified in the same or similar field of medicine of the defendant(s) is

Board certified.

2. The Court has reviewed in camera the affidavit of merit and the

accompanying curriculum vitae of Plaintiff’ s expert . The Co urt finds:

(a) The affidavit is signed by an expert witness.

(b) The affidavit is accompanied by a current curriculum vitae.

(c) The curriculum vitae shows that the affiant is licensed to practice

nursing in Pennsylvania, is a certified legal nurse con sultant, and

specializes in critical care nursing ; and in the 3 years preceding the

alleged negligent act, had engaged in the treatment of patients and

the practice of critical care nursing

.

(d) The affidavit sets forth the expert ’ s opinion that there are

reasonable grounds to believe that the care and treatment rendered

to Mr. Zawaski constituted nursing negligence as to each

Defendant and fell below the accepted medical standard s as it

relates to each of the claims in the complaint.

(e) The affidavit set s forth the expert’s opinion that the Defendant s

knew that Mr. Zawaski was at risk for a skin breakdown and that

the failure of nurses to prevent pressure ulcers from developing

and worsening is a deviation from acceptable standards of care and

was the pro ximate cause of the injuries sustained.

(f) The expert tendered its opi nion to a reasonable degree of nursing

probability.

. WHEREFORE, the Court finds that Plaintiff’s affidavit of merit complies with 18 Del.

C. §§ 6853 (a)(1) and (c).

IT IS SO ORDERED.

/s/ Diane Clarke Streett

Diane Clarke Streett , Judge

Original to Prothonotary

c c: Gary S

. Nitsche, Esquire

Stephen J

. Milewski

, Esquire

Colleen Shields

, Esquire