The Delaware Supreme Court has ruled that negligence claims against employees tossed out as filed too late do not automatically absolve their employers of all liability, in a decision overturning its own 26-year-old precedent.

The ruling, from a full panel of the state high court, revived a medical malpractice lawsuit by the daughter of Bridget Verrastro, which aims to hold Bayhealth Hospitalists liable for medical negligence for the alleged failure of two doctors to diagnose a tumor that caused her mother’s death.