Submitted: October 11, 2017
EASON PRIMOS JUDGE.
matter involves a healthcare negligence suit filed by
Plaintiffs Stacia and Chadwick Vick (hereinafter "Ms.
Vick" and "Mr. Vick, " individually, and
"Plaintiffs, " collectively) against Defendants Dr.
Nasreen Khan and Khan Obstetrics and Gynecology Associates,
P.A. (hereinafter "Moving Defendants"), as well as
Bayhealth Inc., Bayhealth Medical Center, and Kent General
Hospital (all Defendants hereinafter collectively
"Defendants"). Moving Defendants have asked the
Court to review the affidavits of merit filed in this case
claim that Defendants improperly performed surgery on Ms.
Vick and that they did so without Ms. Vick's consent. Dr.
Khan is board-certified in obstetrics and gynecology.
Delaware, a healthcare negligence lawsuit must be filed with
an affidavit of merit as to each defendant, 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 this
practice in the same or similar field as the defendant in the
three years immediately preceding the alleged
negligence. The affidavit must also state that
reasonable grounds exist to believe the defendant was
negligent in a way that proximately caused the plaintiffs
injury. The affidavit must be filed under seal,
and, upon request, may be reviewed in camera to
ensure compliance with statutory requirements. The
affidavit's requirements are "purposefully
minimal."  Affidavits that merely track the statutory
language are deemed sufficient.
requested by Moving Defendants, upon the Court's in
camera review, the Court finds:
a. Each expert signed the affidavit.
b. Each expert attached his or her current curriculum
c. Each expert is currently licensed.
d. Each affidavit shows that the expert is board certified in
Obstetrics and Gynecology.
e. Each expert is currently involved in treating patients
and/or the teaching/academic side of medicine and was so
involved for the three years prior to the alleged negligent
f. Each affidavit states that reasonable grounds exist to
believe that Defendants Dr. Khan and Kent General Hospital
breached the applicable standard of care while treating Ms.
Vick and that the breach was a proximate cause of Ms.
affidavit(s) address negligence only on the part of Dr. Khan
and Kent General Hospital, and not of Khan Obstetrics and
Gynecology Associates, P.A., Bayhealth Inc., or Bayhealth
Medical Center. This is inconsequential to the Court's
decision, as Plaintiffs First Amended Complaint asserts that
the liability of Khan Obstetrics and Gynecology Associates,
P.A., Bayhealth Inc., and Bayhealth Medical Center, at least
as to the Medical Negligence count,  derives from their capacity
as masters of agents, such as Dr. Khan and other employees,
alleged to have acted negligently in the course of their
in consideration the above, the court finds that the
affidavit(s) of merit comply with 18 De ...