Opinion
C.A. No. N15C-12-136 FSS
02-17-2016
KATHLEEN L. PHELPS, individually and as Administratrix of the Estate of ANTHONY O. PHELPS, MARK S. PHELPS, MATTHEW A. PHELPS, and MEGHAN PHELPS BUEHLER, Plaintiffs, v. DR. JOSEPH T. WEST, CARDIOLOGY CONSULTANTS, P.A., and CHRISTIANA CARE HEALTH SYSTEM, INC., Defendants.
JURY TRIAL OF 12 DEMANDED
ORDER
Upon Review of the Affidavit of Merit
On January 28, 2016, Defendants moved to have the court review Plaintiffs' affidavit of merit, in camera, to determine whether it complies 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 current curriculum vitae.
Id. § 6853(a)(1).
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(c).
Id.
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."). --------
After in camera review, the court finds:
1. An expert signed the affidavit;
2. A current curriculum vitae was filed with the affidavit;
3. The expert is Board certified in Internal Medicine and Cardiovascular Diseases;
4. At the time the affidavit was sworn, the expert was a licensed physician who treated patients and taught in the same or similar field of medicine as Defendant Dr. Joseph West within the three years preceding the alleged negligence;
5. The affidavit states, with reasonable medical probability, that there are grounds to believe the applicable standard of care was breached by Defendant West; and
6. The expert states Defendant West's breach proximately caused Anthony Phelps' injuries.
Considering the above, the court finds that the affidavit of merit complies with 18 Del. C. § 6853(a) and (c) as to Defendants.
IT IS SO ORDERED.
/s/ Abigail M. LeGrow
Abigail M. LeGrow, Judge Original to Prothonotary
cc: Richard Galperin, Esquire
Kenneth M. Roseman, Esquire