Jolly v. Murphy

Full title: SUSAN JOLLY, Personal representative of The Estate of ANTHONY JOLLY…

Court: Superior Court of Delaware, New Castle County

Date published: Jul 11, 2007

C.A. No. 07C-03-240 SCD (Del. Super. Ct. Jul. 11, 2007)

Opinion

C.A. No. 07C-03-240 SCD.

July 11, 2007.

SUSAN C. DEL PESCO, Judge

ORDER

This 11^th day of July, 2007, Defendants Christopher Murphy, M.D., Doctors for Emergency Services, P.A., and Christiana Care Health Services, Inc. having requested review of the Affidavit of Merit and the Curriculum Vitae of Plaintiff's expert, Ira Mehlman, M.D., pursuant to 18 Del. C. § 6853(d), and it appearing that:

1. Section 6853(a)(1) of Title 18 of the Delaware Code requires the plaintiff to file: "An affidavit of merit as to each defendant signed by an expert witness, . . . and accompanied by a current curriculum vitae of the witness, stating there are reasonable grounds to believe that there has been healthcare medical negligence committed by each defendant." Section 6853(c) further provides:

The affidavit(s) of merit shall set forth the expert's opinion that there are reasonable grounds to believe that the applicable standard of care was breached by the named Defendant(s) and that the breach was a proximate cause of injury(ies) claimed in the complaint. An expert signing an affidavit of merit shall be licensed to practice medicine as of the date of the affidavit; and in the 3 years immediately preceding the alleged negligent act [the expert must have] been engaged in the treatment of patients and/or in the teaching/academic side of medicine in the same or similar field of medicine as the defendant(s), and the expert shall be Board certified in the same or similar field of medicine if the defendant(s) is Board certified.

2. The Court has reviewed in camera the affidavit of merit and the accompanying curriculum vitae. The Court finds:

(a) The affidavit is signed by an expert witness.

(b) The affidavit is accompanied by a current curriculum vitae.

(c) The curriculum vitae shows the affiant is licensed to practice medicine, is board certified in Internal Medicine, Endocrinology/Metabolism and Emergency Medicine; and in the 3 years preceding the alleged negligent act, had engaged in the treatment of patients.

(d) The affidavit sets forth the experts' opinions that there are reasonable grounds to believe the applicable standard of care was breached by each defendant.

(e) The affidavit sets forth the expert's opinion that the breach(es) of each defendant proximately caused the injuries claimed in the complaint.

WHEREFORE, the Court finds Plaintiff's affidavit of merit complies with 18 Del. C. §§ 6853 (a)(1) and (c).

IT IS SO ORDERED.