Opinion
C.A. No. N12C-11-140(CHT)
03-14-2013
Mary Welch and James Welch, Plaintiffs, v. Leo Raisis, M.D. and First State Orthopaedics Defendants.
TRIAL BY JURY OF
12 DEMANDED
ORDER REGARDING AFFIDAVIT OF MERIT
This 14th day of March 2013, the Court has reviewed in camera the Plaintiff's Affidavit of Merit pursuant to 18 Del. C. § 6853(d). Having done so, the Court finds:
1. The affidavit is signed by an expert witness.
2. The affidavit is accompanied by a current curriculum vitae.
3. Furthermore, the affiant states all opinions contained in the affidavit with reasonable medical probability.
4. The affidavit contains an opinion that there has been healthcare negligence committed by each named defendant and that each defendant's negligence was the proximate cause of injuries sustained by Mary Welch.
5. The affidavit establishes that the affiant is currently licensed to practice medicine in the State of Maryland.
6. Moreover, the affidavit establishes that the affiant has been engaged in the treatment of patients and/or teaching in the field of hand surgery for at least three years preceding the alleged negligent act, and the affiant was engaged in the same or similar field of medicine as the Defendants.
7. Lastly, the affidavit contains a statement that the affiant is board certified in the area of
Plastic Surgery with a Certificate of Added Qualification in hand surgery.
Based on the foregoing, the Court finds that the Affidavit of Merit complies with the provisions of 18 Del. C. §§ 6853 (a)(1) and (c).
IT IS SO ORDERED.
Charles H. Toliver
TOLIVER, JUDGE