Verrastro v. Bayhospitalists, LLC

The issue this medical negligence case presented for the Delaware Supreme Court’s review centered on the dismissal of claims against two physicians on statute-of-limitations grounds, and whether that dismissal barred the prosecution of a timely filed claim based on the same underlying facts against the physicians’ employer under the doctrine of respondeat superior. The Superior Court, relying on the Supreme Court’s decision in Greco v. University of Delaware, 619 A.2d 900 (Del. 1993), ruled that the dismissal of the physicians effectively extinguished the claims against the physicians’ employer and therefore entered summary judgment in the employer’s favor. The Supreme Court found the Superior Court correctly read Greco, and under Greco’s teaching, the Superior Court’s dismissal was proper. In this en banc decision, however, the Supreme Court concluded Greco had to be overruled to the extent that it held that, if a plaintiff failed to sue the employee whose malpractice allegedly injured her within the statute of limitations, she was for that reason alone barred from suing the employer under principles of respondeat superior. Because in this case plaintiff sued the employer in a timely manner, settled principles of law authorized the plaintiff to proceed against that employer. “Although the plaintiff must of course prove her claim against the employer, including that the employee was negligent, the fact that she failed to sue the employee in a timely manner does not act to immunize the employer. Accordingly, we reverse the judgment of the Superior Court.” View "Verrastro v. Bayhospitalists, LLC" on Justia Law