Arrington v. Bayhealth Med. Ctr., Inc.

Full title: RE: Karen Arrington, Individually and as Personal Representative of the…

Court: SUPERIOR COURT OF THE STATE OF DELAWARE

Date published: Mar 28, 2013

C.A. No. N12C-10-132-RRC (Del. Super. Ct. Mar. 28, 2013)

Opinion

C.A. No. N12C-10-132-RRC

03-28-2013

RE: Karen Arrington, Individually and as Personal Representative of the Estate of Paul Arrington, Stacy Arrington, and Paul Arrington v. Bayhealth Medical Center, Inc., John Fink. M.D., and Bhavin Dave, M.D.

Gilbert F. Shelsby, Esquire Shelsby & Leoni, P.A. Attorney for Plaintiffs Ryan T. Keating, Esquire Gregory S. McKee, Esquire Wharton Levin Ehrmantraut & Klein, P.A. Attorneys for Defendant Bhavin Dave, M.D. James E. Drnec, Esquire Melony R. Anderson, Esquire Balick & Balick, LLC Attorneys for Defendant Bayhealth Medical Center, Inc. Bradley J. Goewart, Esquire Lorenza A. Wolhar, Esquire Attorneys for Defendant John Fink M.D.

RICHARD R. COOCH

RESIDENT JUDGE
Gilbert F. Shelsby, Esquire
Shelsby & Leoni, P.A.
Attorney for Plaintiffs
Ryan T. Keating, Esquire
Gregory S. McKee, Esquire
Wharton Levin Ehrmantraut & Klein, P.A.
Attorneys for Defendant Bhavin Dave, M.D.
James E. Drnec, Esquire
Melony R. Anderson, Esquire
Balick & Balick, LLC
Attorneys for Defendant Bayhealth Medical Center, Inc.
Bradley J. Goewart, Esquire
Lorenza A. Wolhar, Esquire
Attorneys for Defendant John Fink M.D.

On Defendant John Fink M.D.'s

Motion to Determine if the Affidavit of Merit Complies

with Sections (a)(1) and (c) of TITLE 18 § 6853

AFFIDAVIT FOUND TO BE COMPLIANT WITH 18 DEL. C. § 6853.

Dear Counsel:

On January 31, 2013, Defendant John Fink, M.D., filed a Motion to Determine if the Affidavit of Merit complies with Section a(1) and (c) of Title 18 §6853.

On February 26, 2013, the Court informed counsel that after reviewing the two Affidavits of Merit filed in this case, an Affidavit had been provided from an expert board certified in internal medicine, whereas, John Fink, M.D., is board certified in family medicine. The Court requested that counsel for Plaintiff and counsel for John Fink, M.D. should advise by letter memorandum whether internal medicine or family medicine are "similar" fields of medicine pursuant to 18 Del. C. § 6853(c).

On March 12, 2013, counsel for John Fink, M.D. informed the Court that it agreed with Plaintiffs that a board certified internist qualified as a "similar" field of medicine to "family medicine" pursuant to 18 Del. C. § 6853(c).

Therefore, the Court finds that the affidavits comply with 18 Del. C. §6853 (a)(1) and (c).

Very truly yours,

Richard R. Cooch RRC/ssh
CC: Prothonotary