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FARMER v. BROSCH

No. 230, 2010.

8 A.3d 1139 (2010)

Heather FARMER and Her Husband, Justin Farmer, Appellants Plaintiffs Below, v. Faith A. BROSCH, M.D., Maternity & Gynecology Associates, P.A., Christiana Care Health Services, Inc., and Christiana Care Corporation, Appellees Defendants Below.

Supreme Court of Delaware.

Decided: December 1, 2010.

Attorney(s) appearing for the Case

M. Jean Boyle and Joseph J. Longobardi, III of Longobardi Law Office, Wilmington, Delaware for appellants.

Mason E. Turner, Jr. of Prickett, Jones & Elliott, P.A., Wilmington, Delaware for appellees Faith A. Brosch, M.D. and Maternity & Gynecology Associates, P.A.

Amy A. Quinlan of Morris James LLP, Wilmington, Delaware for appellee Christiana Care.

Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices.

STEELE, Chief Justice:

Heather Farmer suffered vaginal and genital lacerations during childbirth. She and her husband sued the obstetrician and the hospital. After sending "Notices of Intent" to the doctor and hospital, the Farmers filed a complaint, but failed to attach the Notices. A Superior Court judge denied the Farmers' Motion for Leave to Amend, having found, on the basis of the relation back doctrine, the complaint time barred by the two year statute of limitations...

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