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’ nursing home malpractice and wrongful-death action because they failed to timely serve a certificate of merit affidavit satisfying the statutory requirements. Counsel’s initial disclosures did not substantially comply because they were not signed under oath by the expert and did not state that the applicable standard of care was breached, while the expert’s later certificate was untimely and unauthorized by any extension. The court held that defendants were not required to show prejudice.