Smith v. Bayhealth Med. Ctr.

Full title: RODNEY SMITH, Individually and as Administrator of The ESTATE OF…

Court: Superior Court of Delaware

Date published: Sep 22, 2021

C. A. K21C-06-010 JJC (Del. Super. Ct. Sep. 22, 2021)

Opinion

C. A. K21C-06-010 JJC

09-22-2021

RODNEY SMITH, Individually and as Administrator of The ESTATE OF WILHELMINA SMITH and LAUREN HUNTER, MICHAEL BROWN, AND AUTUMN J. SMITH Plaintiffs, v. BAYHEALTH MEDICAL CENTER INC., d/b/a KENT GENERAL HOSPITAL, and SHARIF GOBRAN, M.D., Defendants.

JEFFREY J CLARK, RESIDENT JUDGE

Submitted: September 14, 2021

Upon Review of the Affidavit of Merit -COMPLIANT

ORDER

JEFFREY J CLARK, RESIDENT JUDGE

On this 22^nd day of September 2021, having received Defendant Sharif Gobran, M.D.'s request that the Court review Plaintiffs Rodney Smith, The Estate of Wilhelmina Smith, Lauren Hunter, Michael Brown, and Autumn Smith's affidavit of merit for sufficiency as to Dr. Gobran, it appears that:

1. Defendant Bayhealth Medical Center, Inc. ("Bayhealth") previously

requested that the Court review the Plaintiff's affidavit of merit for sufficiency as to Bayhealth. On July 21, 2021, the Court unsealed the affidavit and reviewed it in camera.

2. The Court then issued an Order finding the affidavit sufficient as to both Defendants.¹ Though the Court prematurely examined the affidavit as to Dr. Gobran, and did so absent a request, ² the Court nevertheless found that the affidavit complied with 18 Del. C. §6853(a)(1) and (c) as to Dr. Gobran.³

1 Smith v. Bayhealth Med., and Sharif Gobran, M.D, 2021 WL 3127120 (Del. Super. July 23, 2021).

2 At the time of the Court's Order, counsel had not yet entered their appearance on behalf of Dr. Gobran.

3 Smith, 2021 WL 3127120, at *1-2.

WHEREFORE, the Estate's affidavit of merit complies with 18 Del. C. §6853(a)(1) and (c) as to Dr. Gobran for the reasons discussed in the Court's Order dated July 23, 2021.

IT IS SO ORDERED.