Meloney v. Nanticoke Gastroenterology

Full title: Meloney v. Nanticoke Gastroenterology, P.A. and Mackler

Court: Superior Court of Delaware

Date published: Jul 18, 2006

C. A. No. 06C-05-006 THG (Del. Super. Ct. Jul. 18, 2006)

Opinion

C.A. No. 06C-05-006 THG.

July 18, 2006.

Anne L. Naczi, Esquire, Griffin Hackett, P.O., Georgetown, DE.

Bruce L. Hudson, Esquire, Law Office of Bruce L. Hudson, Wilmington, DE.

T. Henley Graves, Resident Judge

Dear Counsel:

Defendants have requested that the Court review the Affidavit of Merit to determine if it satisfies 18 Del. C. § 6853. I have done so and determined it does not for several reasons.

First, it contains no curriculum vitae of the expert.

Second it does not state, nor is it obvious, that he practices in the same or a similar field of medicine as the Defendant. The Defendant's field of medicine appears to be gastroenterology. I do not know if the Defendant is Board-certified, nor do I know if Plaintiff would know this. This needs to be addressed.

Finally, § 6853(c) requires an opinion that the applicable standard of care was breached proximately causing injury. To merely state "negligent medical care" is insufficient. The applicable standard of care and breach of same need to be addressed.

Plaintiff has until August 15, 2006 to provide another Affidavit of Merit which complies with the Statutes.