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Prospero v. Christiana Care Health Serv, Inc.

Superior Court of Delaware, New Castle County
Jan 30, 2006
C.A. No. 05C-11-149-JEB (Del. Super. Ct. Jan. 30, 2006)

Opinion

C.A. No. 05C-11-149-JEB.

Submitted: January 10, 2006.

Decided: January 30, 2006.

Upon Review of Plaintiff Mary E. Prospero's Affidavit of Merit. Affidavit Found to Comply with 18 Del. C. § 6853(a)(1) and (c).

John A. Faroane, Esquire, Wilmington, Delaware. Attorney for Plaintiff.

Richard Galperin, Esquire, Wilmington, Delaware. Attorney for Defendants.


ORDER


Defendant Christiana Care Health Services has moved for an in camera review of the Affidavit of Merit filed with Plaintiff Mary Prospero's complaint of healthcare medical negligence. Section 6853 of Title 18 provides that no healthcare negligence lawsuit shall be filed in this State unless the complaint is accompanied by an affidavit of merit as to each defendant. The affidavit of merit must be signed by an expert witness and include a current curriculum vitae of the witness. The affidavit must state that there are reasonable grounds to believe that each defendant has committed healthcare negligence and that such negligence was a proximate cause of the injury or injuries alleged in the complaint. In the case at bar, the Court finds as follows:

1. The affidavit is signed by an expert witness.

2. The affidavit is accompanied by the witness' 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 the named defendant.
4. The affidavit sets forth the expert's opinion that there are reasonable grounds to believe that specifically enumerated breaches by the 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 three 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 Physical Medicine and Rehabilitation.
7. The expert witness is board-certified in Physical Medicine and Rehabilitation.

The Court has reviewed the affidavit of merit and concludes that it complies with the statutory requirements of § 6853(a)(1) and (c).

It Is So ORDERED.


Summaries of

Prospero v. Christiana Care Health Serv, Inc.

Superior Court of Delaware, New Castle County
Jan 30, 2006
C.A. No. 05C-11-149-JEB (Del. Super. Ct. Jan. 30, 2006)
Case details for

Prospero v. Christiana Care Health Serv, Inc.

Case Details

Full title:MARY E. PROSPERO, Plaintiff, v. CHRISTIANA CARE HEALTH SERVICES, INC.…

Court:Superior Court of Delaware, New Castle County

Date published: Jan 30, 2006

Citations

C.A. No. 05C-11-149-JEB (Del. Super. Ct. Jan. 30, 2006)