YVONNE JOHNSON Individually and as Next Friend and Guardian Ad Litem for MAURICEONNA SATCHELL, a minor, Plaintiffs,
CHRISTIANA CARE HEALTH SERVICES, INC. d/b/a Christiana Hospital, a Delaware Corporation, Defendant.
Submitted: November 29, 2018
Richard Galperin, Esquire, Joshua H. Meyeroff, Esquire,
Bartholomew J. Dalton, Esquire, Andrew C. Dalton, Esquire
TRIAL OF 12 DEMANDED
Abigail M. Legrow, Judge.
Review of the Affidavit of Merit - Accepted
November 29, 2018, Defendant Christiana Care Health Services,
Inc. ("CCHS") 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).
CCHS asked the Court to determine whether the affidavit: (1)
is signed by an expert witness; (2) is accompanied by a
curriculum vitae; (3) states all of its opinions
with reasonable medical certainty; (4) gives an opinion that
there has been healthcare medical negligence against each
defendant, including agents, servants, and employees of CCHS;
(5) gives an opinion that each breach by each defendant was a
proximate cause of the injuries alleged in the complaint; and
(6) indicates the expert is board certified in
neonatal-perinatal medicine, 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 each
agent, servant, or employee of CCHS that the expert states is
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
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 Pediatrics and
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 a similar field of
medicine as each agent, servant, or ...