KARA ROWLANDS, as parent and guardian of CARLY ROWLANDS, a minor child, Plaintiffs,
THE CENTER FOR PEDIATRIC AND ADOLESCENT MEDICINE, P.A., RENEE GROB, M.D., DAVID BROWN, D.O, MARIBEL WOODWARD, M.D, and JULIA PILLSBURY, D.O., Defendants.
Submitted: November 28, 2018
EASON PRIMOS, JUDGE
Review of the Affidavits of Merit - Accepted
matter involves a healthcare negligence suit filed by
Plaintiff Kara Rowlands, as parent and guardian of Carly
Rowlands, a minor child (hereinafter "Plaintiffs,"
collectively), against Defendants The Center for Pediatric
and Adolescent Medicine, P.A. (hereinafter "the
Center"), and Julia Pillsbury, D.O. (hereinafter
"Dr. Pillsbury," individually, and "Moving
Defendants," collectively), as well as Renee Grob, M.D.,
David Brown, D.O., and Maribel Woodward, M.D. (all Defendants
hereinafter collectively "Defendants"). Moving
Defendants have asked the Court to review the affidavits of
merit filed in this case for sufficiency.
Plaintiffs claim that Defendants failed to properly diagnose
developmental dysplasia of Carly Rowland's left hip and
that they failed to perform proper examinations or obtain
proper testing. Plaintiffs claim that pursuant to the
doctrine of respondeat superior, the Center is
vicariously liable for the negligent conduct of the other
named agents and/or employees who examined and/or treated Ms.
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.
matter, three affidavits of merit are under consideration. As
requested by Moving Defendants, upon the Court's in
camera review, the Court finds:
1. Each expert signed the affidavit.
2. Each expert attached his or her current curriculum
3. Each expert was licensed to practice medicine as of the
date of the affidavit.
4. All experts are Board Certified, and one expert is Board
Certified in Pediatric Medicine, one expert is Board
Certified in Orthopaedic Surgery and is fellowship trained in
Pediatric Orthopaedics, and one expert is Board Certified in
5. 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
6. Each affidavit states that reasonable grounds exist to
believe that Defendants breached the applicable standard of
care while treating Plaintiff; that the Center breached the
applicable standard of care through the breaches of the
individual defendants; and that the breaches were a proximate
cause of Plaintiff s injuries.
in consideration of the above, the court finds that the
affidavits of merit comply with 18 Del. C.