The Estate of Deanna Dee Fahrmann, by Jeffrey A. Fahrmann, Dennis C. Fahrmann, by and through his Power of Attorney…

Summary

The court affirmed dismissal with prejudice of the plaintiffs' medical malpractice and wrongful-death action because they failed to timely serve a certificate of merit affidavit signed under oath by a qualified expert. Counsel's initial disclosures identifying an expert did not substantially comply because they lacked the expert's signature, oath, and required opinions regarding the applicable standard of care and its breach. The expert's certificate served forty-two days late also did not substantially comply, and dismissal did not require a showing of prejudice.