ASHLEE SAVAGE, Individually, And as Parent and Next Friend of ZAEDEN FREEMAN, a minor, Plaintiffs,
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
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.
ABIGAIL M. LeGROW JUDGE.
Review of the Affidavit of Merit - Accepted
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).
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.
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. 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
plaintiffs injury. The statute's requirements are
minimal. Accordingly, an affidavit of merit tracking the
statutory language complies with the statute.
in camera review, the Court finds:
1. An expert signed the affidavit;
2. The affidavit was accompanied by a current curriculum
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