IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

 HELEN ZAWASK, Individually 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), and 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 there 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 believe that the applicable standard of care was 

breached by the named defendant(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 date 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 or 
2

similar field of medicine as the defendant(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 Court 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 consultant, 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 standards as it 

relates to each of the claims in the complaint.

(e) The affidavit sets forth the expert’s opinion that the Defendants

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 proximate cause of the injuries sustained.

(f) The expert tendered its opinion 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

cc: Gary S. Nitsche, Esquire

Stephen J. Milewski, Esquire

Colleen Shields, Esquire