Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1 :O7—cv-00566-JJF Document 16 Filed 12/O3/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BARBARA CLEVENGER and PAUL )
CLEVENGER, )
_ ) C.A. NO. 07-566- JJF
P1 ' t'ff ,
V am I S g NoN-ARB1TRAr1oN
)
SUSAN M- DONNELLY, MD., ) JURY OF TWELVE DEMANDED
LABORATORY CORPORATION OF )
AMERICA, a/k/a LABCORP and LABCORP )
DELAWARE INC., )
)
Defendants. )
MOTION OF DEFENDAN T SUSAN M. DONNELLY, M.D.
TO DETERMINE IF THE AFFIDAVIT OF MERIT COMPLIES WITH
SECTIONS (ani) AND gc) OF TITLE 18 §6853
Comes now defendant Susan M. Donnelly, M.D. who respectfully request that the
Court review the Affidavit of Merit and the curriculum vitae that have been filed with the Complaint
in order to determine whether it complies with Title 18 §6853(a)(i) and (c). This Motion is based
upon the following:
1. The Affidavit and the accompanying curriculum vitae are required by the
above statute.
2. This defendant has no basis to know whether or not the Affidavit complies
with the above statute.
3. This defendant has no basis to know whether the curriculum vitae establishes
that the expert "is licensed to practice medicine as of the date of the affidavit" or whether "in the
three years immediately preceding the alleged negligent act [he] has been engaged in the treatment of
patients and/or in the teaching/academic side of medicine in the same or similar field of medicine as
the defendant" or whether "the expert shall be Board Certified in the same or similar field of
medicine".

Case 1 :O7—cv-00566-JJF Document 16 Filed 12/O3/2007 Page 2 of 2
4. Subsection (a)(i) states that if the required affidavit is not filed, the suit shall
be dismissed.
5. Subsection (d) states that the Affidavit of Merit shall be reviewed Q @@
to determine whether the Affidavit of Merit complies with paragraphs (a)(i) and (c).
Wherefore, defendant respectfully requests that the Court review the Affidavit of
Merit Q to determine that it complies with the statute, specifically:
1. That it is signed by an expert witness.
2. That it is accompanied by a curriculum vitae.
3. That the Affidavit of Merit states all its opinions with reasonable medical
probability.
4. That it gives an opinion that there has been healthcare medical negligence
against EACH defendant.
5. That the expert gives an opinion that each breach against each defendant was
a proximate cause of injuries alleged in the Complaint.
6. That each curriculum vitae establishes that the expert shall be licensed to
practice medicine as of the date of the Affidavit.
7. That each curriculum vitae establishes that the expert, for the three years
preceding the negligent act, has been engaged in the treatment of patients and/or in the
teaching/academic side of medicine in the same or similar field of medicine (pathology) as this
defendant.
8. That the expert against this defendant is Board Certified in pathology.
MORRIS J S LLP
500 Delaware Avenue, Suite 1500
P.O. Box 2306
Wilmington, DE 19899-2306
(302) 888-6980
Email: [email protected]
Attorneys for Susan M. Donnelly, M.D.
Dc1¤/104649-0047/1635132/1

Case 1 :07-cv-00566-JJF g Document 16-2 Filed 12/03/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BARBARA CLEVENGER and PAUL )
CLEVENGER, ) ‘
) C.A. NO. 07-566- JJF
P1 ` t`ff`
v_ am I S’ g NoN-ARB1rRAT1oN
SUSAN M DONNELLY M D ; IURY OF TWELVE DEMANDED
LABORATORY CORPORATION OF )
AMERICA, a/k/a LABCORP and LABCORP )
DELAWARE INC., )
)
Defendants. )
PROPOSED ORDER IN SUPPORT OF MOTION OF
DEFENDANT SUSAN M. DONNELLY, M.D. TO DETERMINE
IF THE AFFIDAVIT OF 1V[ERIT COMPLIES
WITH SECTIONS {ani) AND gc) OF TITLE 18 §6853
Having reviewed the Motion to Detennine if` the Affidavit of Merit Complies
With Sections (a)(i) and (c) of Title 18 §6853, it is hereby Ordered that this Court will review the
Affidavit of Merit Q camera and determine whether it complies with the statute in each of the
specific parts as listed in the Motion.
Date Judge
Dc?/104649-0047/1635133/1

Case 1:07-cv-00566-JJF

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