Pinkston v. CCHS

• Court: Superior Court of Delaware
• Decided: March 3, 2025
• Docket: N24C-12-315 FJJ
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

REGINA PINKSTON, ) Individually and as Personal ) Representative of the ESTATE OF ) LONNIE B. PINKSTON, LINDA ) JENKINS, PAMELA DUPREE and ) DEBORAH SMITH, ) ) Plaintiff, ) ) C.A. No.: N24C-12-315 FJJ v. ) ) CHRISTIANA CARE HEALTH ) SERVICES, INC., COLON and ) RECTAL SURGERY ASSOCIATES ) OF DELAWARE, PA, and ) FREDERICK J. DENSTMAN, M.D., ) ) Defendants. )

ORDER REGARDING AFFIDAVIT OF MERIT CONCERNING MEDICAL CARE PROVIDED TO LONNIE B. PINKSTON

This 3rd day of March, 2025, the Court has reviewed in camera Plaintiffs’

affidavit of merit pursuant to 18 Del. C. §§6853(a)(3), and 6853(d). Having done so,

the Court finds:

1. An expert witness has signed the affidavit of merit.

2. The affidavit is accompanied by a current curriculum vitae of the expert

witness.

3. The expert witness who signed the Affidavit represents he is Board Certified

in the field of General Surgery and Colorectal Surgery.

1 4. The Affidavit indicates the expert witness was licensed to practice medicine

as of the date of the Affidavit.

5. The Affidavit indicates the expert witness has been engaged in the treatment

of patients and/or in the academic side of the field of General Surgery and Colorectal

Surgery for at least three years preceding the acts alleged in the Complaint.

6. The Affidavit includes an opinion that all of the named Defendants breached

the applicable standard of care in this case, and that this breach was the proximate

cause of the injuries alleged in the Complaint.

Based on the foregoing, the Court finds that the affidavit of merit complies

with the requirements of 18 Del. C. §6853(a)(1), and §6853(c).

IT IS SO ORDERED.

/s/ Francis J. Jones, Jr. Francis J. Jones Jr., Judge

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