Ditch v. Waynesboro Hospital

I respectfully dissent from the Majority’s affirmance of the Superior Court’s decision by per curiam order, which terminates a potentially meritorious cause of action for failure to file a certifícate of merit. In doing so, the Court declines to confront and resolve a significant issue of statewide importance that has not been addressed by our Court the question of how to define the distinction between ordinary negligence and professional negligence in the health care setting. This is a question our sister states have themselves struggled to resolve.

In this matter, the complaint — premised…