Newton v. St. Francis Hosp.

Full title: Ethel Newton, individually, and as administratrix of the Estate of Iray…

Court: Superior Court of Delaware, New Castle County

Date published: Jun 13, 2007

C.A. No. 05C-10-088-JRJ (Del. Super. Ct. Jun. 13, 2007)

Opinion

C.A. No. 05C-10-088-JRJ.

June 13, 2007.

JAN R. JURDEN, Judge.

ORDER

AND NOW TO WIT, this 13th day of June, 2007, the Court having duly considered Defendant St. Francis Hospital, Inc.'s Motion to Determine if the Affidavit of Merit Attached to Plaintiff's Amended Complaint Complies with 18 Del. C. § 6853(c), IT IS HEREBY ORDERED THAT the Motion is GRANTED. Upon review, the affidavit does not expressly state that the physician "has 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)." While it may be implicit, given the contents of the affidavit and attached C.V., the Court requires a specific statement to this effect. The Plaintiff shall provide one within 7 days.

IT IS SO ORDERED.