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: August 26, 2019
Review of the Affidavits of Merit ACCEPTED
Eason Primos, Judge
matter involves a healthcare negligence suit filed by
Plaintiff Kara Rowlands, as parent and guardian of Carly
Rowlands, a minor child (hereinafter "Carly"),
against Defendant Renee Grob, M.D. (hereinafter "Moving
Defendant"), as well as David Brown, D.O., Maribel
Woodward, M.D., Julia Pillsbury, M.D., and The Center for
Pediatric and Adolescent Medicine, P.A. (all Defendants
hereinafter collectively "Defendants"). Moving
Defendant has asked the Court to review the affidavits of
merit filed in this case to determine whether they satisfy 18
Del. C. Â§ 6853. The Court has done so and has
determined that the affidavits of merit comply with the
case, Plaintiff filed her Complaint on October 24, 2018,
alleging that Defendants were medically negligent and
breached the applicable standard of care. Specifically, with
regard to the allegations against Moving Defendant, Plaintiff
alleges, inter alia, that Moving Defendant failed to
diagnose Carly's hip dysplasia properly, failed to
perform proper examinations of Carly, failed to obtain proper
testing and treatment for Carly's hip, and failed to
supervise properly other medical providers who cared for
Carly during her visits with The Center for Pediatric and
Adolescent Medicine. The Complaint also alleges that Moving
Defendant is Board Certified in Pediatric Medicine.
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, and
Board certified in the same or similar field as the defendant
if the defendant is
certified. The affidavit must also state that
reasonable grounds exist to believe that 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.
All three of these affidavits are applicable to Moving
Defendant. As requested by Moving Defendant, upon the
Court's in camera review, the Court finds the
following as to the affidavits:
a. The experts signed the affidavits.
b. The curriculum vitae of the experts are attached.
c. The experts, who are physicians, were licensed to practice
medicine as of the dates within the affidavits.
d. One expert is Board certified in Pediatric Medicine,
another expert is Board certified in Family Medicine, and the
third expert is Board certified in Orthopaedic Surgery.
e. Each of the experts were involved in treating pediatric
patients more than three years prior to the alleged negligent
f. Each affidavit states that reasonable grounds exist to
believe that the Moving Defendant, along with the other
Defendants, breached the applicable standard of care, and
that the breaches were ...