Summary
ruling on the sufficiency of an inmate-plaintiff's affidavit of merit
Summary of this case from Steedley v. Surdo-GalefOpinion
C.A. No. N10C-11-155 MMJ.
Submitted: October 11, 2011.
Decided: November 4, 2011.
Upon Motion of Correctional Medical Services, Inc. and Correctional Medical Services of Delaware, Inc. for Review of the Affidavit of Merit, Pursuant to 18 Del. C. §§ 6853(a)(1) and (c).
ORDER
Section 6853(a)(1) of title 18 of the Delaware Code provides that all healthcare negligence complaints must be accompanied by an affidavit of merit as to each defendant signed by an expert witness, accompanied by a current curriculum vitae of the witness, stating that there are reasonable grounds to believe that there has been healthcare medical negligence committed by each defendant.
In this case, the affidavit of merit was filed under seal, as required. Pursuant to 18 Del. C. § 6853(d), Defendants Correctional Medical Services, Inc. and Correctional Medical Services of Delaware, Inc. requested in camera review of the affidavit to determine compliance with sections 6853(a)(1) and (c). The Court has reviewed the affidavit of merit. The Court finds:
1. The affidavit is signed by an expert witness.
2. The affidavit IS NOT accompanied by a current curriculum vitae .
3. The affidavit sets forth the expert's opinion that there are reasonable grounds to believe that the applicable standard of care was breached by each named defendant.
4. The affidavit sets forth the expert's opinion that there are reasonable grounds to believe that specifically enumerated breaches by each defendant proximately caused the injuries claimed in the complaint.
5. The expert witness was licensed to practice medicine as of the date of the affidavit.
6. In the 3 years immediately preceding the alleged negligent act, the expert witness was engaged in the treatment of patients and/or in the teaching/academic side of medicine in the field of Emergency Medicine.
7. The expert witness is board-certified in Emergency Medicine, and is a Certified Correctional Healthcare Provider.
THEREFORE, the Court having reviewed in camera the affidavit of merit, the Court finds that the affidavit of merit DOES NOT COMPLY with sections 6853(a)(1) and (c) of title 18 of the Delaware Code. Although the affidavit states that a current copy of the expert's curriculum vitae was attached, no copy of the curriculum vitae was included in the documents filed under seal. The affidavit of merit complies with sections 6853(a)(1) and (c) of title 18 of the Delaware Code in all other respects.
IT IS SO ORDERED.