Legal Opinion

Beckett v. Beebe Medical Center, Inc.

Supreme Court of Delaware

Decided March 28, 2006No. 404,2005PublishedCited by 19 opinions

1Opinion of the Court

RIDGELY, Justice.

Plaintiff-Appellant Fonshae Beckett appeals the Superior Court’s dismissal of her medical negligence claim for failure to file an Affidavit of Merit, as required by 18 Del. C. § 6853. The General Assembly has enumerated several exceptions to the Affidavit of Merit requirement including when a “foreign object was unintentionally left within the body of the patient following surgery.” 1 Plaintiff alleged this exception applied to her claim, but the Superior Court disagreed. We conclude that the Superior Court correctly held that an Affidavit of Merit was required to be filed in…

2Cases cited13 opinions

  1. Battaglia v. Wilmington Savings Fund SocietySupreme Court of Delaware · 1977
  2. Giles v. RodolicoSupreme Court of Delaware · 1958
  3. Dalbey v. BanksSupreme Court of Georgia · 1980
  4. Tsipouras v. TsipourasSupreme Court of Delaware · 1996
  5. Dolan v. WilliamsSupreme Court of Delaware · 1998

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3Cited by19 opinions

  1. Dishmon v. FucciSupreme Court of Delaware · 2011
  2. Dambro v. MeyerSupreme Court of Delaware · 2009
  3. Ivy v. CarrawaySupreme Court of Alabama · 2009
  4. Benson v. Mow, D.P.M.Superior Court of Delaware · 2014
  5. Browne v. Bayhealth, Inc.Superior Court of Delaware · 2021

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