Opinion
C.A. No.: N14C-10-223 FSS
06-05-2015
JOHN M. DONOFRIO, individually, and as the Executor of the Estate of ELIZABETH ANN DONOFRIO, TARA DONOFRIO, and GINA MEDKEFF, heirs of ELIZABETH ANN DONOFRIO, Plaintiffs, v. ST. FRANCIS HOSPITAL and IMRAN MIRZA, M.D., Defendants.
TRIAL BY JURY DEMANDED
ORDER
Upon Dr. Mirza's Requested Review of Affidavits of Merit - ACCEPTED
Plaintiffs submitted two affidavits of merit with their medical negligence complaint. On March 20, 2015, Defendant Imran Mirza, M.D., moved to have the court review them, in camera, to determine whether they comply with 18 Del. C. § 6853(a)(1) and (c).
In Delaware, a healthcare negligence lawsuit must be filed with an affidavit of merit, signed by an expert, and accompanied by the expert's curriculum vitae. The expert must be licensed to practice medicine as of the affidavit's date and engaged in the same or similar field as the defendant in the three years immediately preceding the alleged negligence. The affidavit must state that reasonable grounds exist to believe the defendant was negligent in a way that proximately caused the plaintiff's injury.
Id. § 6853(a)(1).
Id. § 6853(c).
Id. § 6853(c).
The statute's requirements are minimal. Accordingly, an affidavit of merit that tracks the statutory language complies with the statute.
See Dishmon v. Fucci, 32 A.3d 338, 342 (Del. 2011) ("In order to satisfy the prima facie burden, an Affidavit of Merit must only contain an expert's sworn statement that medical negligence occurred, along with confirmation that he or she is qualified to proffer a medical opinion."). --------
Plaintiffs' two affidavits address both Defendants. One expert is certified in the moving Defendant's fields, internal medicine and critical care medicine. The court finds:
1. The expert signed the affidavit;
2. A current curriculum vitae was filed with the affidavit;
3. At the time the affidavit was sworn, the expert was a licensed physician who treated patients and/or taught in the same or similar
field of medicine as the moving Defendant within the three years preceding the alleged negligence;
4. The affidavit states, within reasonable medical probability, that there are grounds to believe the applicable standard of care was breached by Defendant;
5. The expert states Defendant's breach proximately caused Plaintiff's injuries.
Considering the above, the court finds that 18 Del. C. § 6853(a) and (c) have been met as to Dr. Mirza.
IT IS SO ORDERED.
/s/ Fred. S. Silverman
Judge
cc: Prothonotary (Civil)
Jacqueline Genesio, Esquire
Colleen D. Shields, Esquire
Jeffrey M. Gentilotti, Esquire