Opinion
C.A. No.: N14C-07-219 FSS
06-01-2015
JOHN C. NOLAND and ROBERTA NOLAND, Plaintiffs, v. JOHN CELLUCCI, M.D., GLASGOW MEDICAL AID UNIT AT MIDDLETOWN, GLASGOW MEDICAL CENTER, LLC, and CHRISTIANA CARE HEALTH SYSTEMS, INC., Defendants.
TRIAL BY JURY DEMANDED
ORDER
Upon Dr. Cellucci's Review of Requested Affidavits of Merit - ACCEPTED
Plaintiffs submitted four affidavits of merit with their medical negligence complaint. On March 18, 2015, Defendant John Cellucci, 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 tracking 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."). --------
Three of Plaintiffs' four experts address the moving Defendant. One expert is certified in the moving Defendant's field, Family 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. Cellucci.
IT IS SO ORDERED.
/s/ Fred S. Silverman
Judge
cc: Prothonotary (Civil)
Bradley J. Goewert, Esquire
Robert J. Leoni, Esquire
Courtney R. Hamilton, Esquire