CHAPTER 391

FORMERLY

HOUSE BILL NO. 508

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH CARE MEDICAL NEGLIGENCE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 6853(a)(1) of Title 18 of the Delaware Code by striking the second sentence of the subsection which reads as follows:

“If the required affidavit is not filed, the suit shall be dismissed.”

and substituting in lieu thereof the sentence:

“If the required affidavit does not accompany the complaint or if a motion to extend the time to file said affidavit as permitted by subsection (2) of this section has not been filed with the Court, then the Prothonotary or Clerk of the Court shall refuse to file the complaint and it shall not be docketed with the Court.”.

Section 2. Amend § 6856(3) of Title 18 of the Delaware Code by deleting the phrase “subdivisions 1 and 2 of”

as it appears in the first sentence of said subsection.

Section 3. Amend §6856(3) of Title 18 of the Delaware Code by deleting the phrase “subdivisions (1) and (2) of” wherever it appears in said subsection.

Section 4. This Amendment shall be retroactive to the effective date of 74 Del. Laws, Chapter 148.

Approved July 19, 2004