Supreme Court of Delaware

Heather Farmer and Her Husband, Justin Farmer, Appellants Plaintiffs Below v. Faith A. Brosch, M.d., Maternity &…

December 1, 20102010 Del. LEXIS 614

Summary

The Court held that the Farmers timely extended the medical-malpractice limitations period by sending valid Notices of Intent before the original two-year period expired. Attaching the notices to the complaint was a pleading requirement that could be cured by amendment, not a condition precedent to tolling the statute. The Superior Court therefore erred in denying amendment on the ground that no valid complaint existed for relation back and in dismissing the action as time barred.