Barbara A. Mammarella, Plaintiff-Below v. Alan B. Evantash, M.d., All About Women of Christiana Care, Inc., And…

Summary

The court affirmed judgment as a matter of law for the healthcare providers because the plaintiff's sole causation expert could not testify to a reasonable degree of medical probability that the diagnostic delay changed her treatment or caused her to undergo chemotherapy. The court also held that an affidavit of merit, which serves only to screen out meritless claims, cannot substitute for trial evidence establishing causation. Counsel's attempt to recast the expert's testimony was waived and would not have changed the result.