Opinion
C. A. N23C-10-064 MMJ
01-04-2024
KATHRYN VAN BRUNT, Individually and as Personal Representative of the Estate of HAROLD VAN BRUNT and KRISTA GILLEN, Plaintiffs, v. BEEBE MEDICAL CENTER, INC. d/b/a BEEBE HEALTHCARE, SUSSEX EMERGENCY ASSOCIATES, LLC, STEVEN GINDER, M.D., NEIL GASKILL, D.O., ARPINE AVAGYAN, M.D., and MADHU PRATTIPATI, M.D., Defendants.
Submitted: December 13, 2023
ORDER
The Honorable Mary M. Johnston, J.
Upon Defendants' Request to Determine if the Affidavit of Merit Complies with 18 Del. C. §§ 6853(a)(1) and (c)
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, two affidavits of merit were filed under seal, as required. Pursuant to 18 Del. C. § 6853(d), Defendants requested in camera review of the affidavit(s) to determine compliance with Sections 6853(a)(1) and (c). The Court has reviewed the affidavits of merit and the accompanying curriculum vitae. The Court finds:
1. Two affidavits were submitted, each signed by an expert witness.
2. Both affidavits are accompanied by a current curriculum vitae.
3. Both affidavits set forth each expert's opinion that there are reasonable grounds to believe that the applicable standard of care was breached by each named defendant.
4. Both affidavits set forth each 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. Both expert witnesses were licensed to practice medicine as of the date of the affidavit.
6. In the 3 years immediately preceding the alleged negligent act, one expert witness was engaged in the treatment of patients and/or in the teaching/academic side of medicine in the fields of Emergency Medicine and Family Medicine. The second expert witness was engaged in the treatment of patients and/or in the teaching/academic side of medicine in the fields of Internal Medicine and Geriatric Medicine.
7. Both expert witnesses are board-certified in their respective fields of medicine.
THEREFORE, the Court having reviewed in camera the affidavits of merit and accompanying curriculum vitae of plaintiff's expert witnesses, the Court finds that the affidavits of merit comply with Sections 6853(a)(1) and (c) of Title 18 of the Delaware Code.
IT IS SO ORDERED.