Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Savage v. Bayhealth, Inc.

Superior Court of Delaware

December 4, 2018

ASHLEE SAVAGE, Individually, And as Parent and Next Friend of ZAEDEN FREEMAN, a minor, Plaintiffs,
v.
BAYHEALTH, INC., d/b/a BAYHEALTH MILFORD MEMORIAL HOSPITAL, BAYHEALTH MEDICAL CENTER, INC. d/b/a BAYHEALTH MILFORD MEMORIAL HOSPITAL, DELMARVA EMERGENCY PHYSICIANS, LLP, and DANIEL TEKLAY, M.D., Defendants.

          Submitted: November 8, 2018

          Robert H. Bouse, Esquire, Gregory L. VanGeison, Esquire, Kristina L. Miller, Esquire, Donald L Gouge, Jr., Esquire, Keith D. Forman, Esquire, Mary M. Koch, Esquire, Sarah Smith, Esquire.

          ORDER

          ABIGAIL M. LeGROW JUDGE.

         Upon Review of the Affidavit of Merit - Accepted

         On November 8, 2018, Defendants DelMarVa Emergency Physicians, LLP and Daniel Teklay, MD (collectively "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).[1]

         Specifically, Defendants asked the Court to determine whether the affidavit: (1) is signed by an expert witness; (2) is accompanied by a curriculum vitae, (3) gives an opinion that there has been a breach in the standard of care by the Defendants; (4) gives an opinion that each breach against each defendant was a proximate cause of the injuries alleged in the complaint; and (5) indicates the expert is licensed to practice medicine as of the date of the affidavit, and the curriculum vitae establishes that the expert, for the three years preceding the alleged negligent act, 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 Defendants, which in this case is emergency medicine.

         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.[2] 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.[3] The affidavit must state that reasonable grounds exist to believe the defendant was negligent in a way that proximately caused the plaintiffs injury.[4] The statute's requirements are minimal. Accordingly, an affidavit of merit tracking the statutory language complies with the statute.[5]

         After in camera review, the Court finds:

1. An expert signed the affidavit;
2. The affidavit was accompanied by a current curriculum vitae;
3. The expert is Board certified in Emergency Medicine, the same field as the Defendants;
4. In the three years preceding the negligent acts, the expert was engaged in the treatment of patients and in the teaching/academic side of medicine in the same field of medicine as Defendants;
5. The affidavit states that there are reasonable grounds to believe the applicable standard of care was breached by each Defendant, including DelMarVa Emergency Physicians, LLP and Daniel Teklay, MD; and
6. The expert states these breaches of the standard of care proximately caused Plaintiffs injury as alleged in ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.