LAUREN SCOTTOLINE, individually and as Parent and Guardian of J.S.S., a Minor, Plaintiffs,
WOMEN FIRST, LLC, FIRST STATE WOMEN'S CARE, P.A, MATERNITY AND GYNECOLOGY ASSOCIATES, P.A., and CHRISTIANA CARE HEALTH SYSTEM, INC. Defendants.
Submitted: October 11, 2019
BY JURY OF TWELVE DEMANDED
L. Hudson, Esquire
Bradley J. Goewert, Esquire
J. Marcoz, Esquire
ABIGAIRL M. LEGROW, JUDGE.
Review of the Affidavit of Merit - Accepted
October 11, 2019, Defendants Women First, LLC, d/b/a First
State Women's Care, d/b/a Maternity and Gynecology
Associates, filed a motion asking the Court to review
Plaintiffs' affidavit of merit, in camera, to
determine whether it complies with IS 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 there are reasonable grounds to believe there has
been a breach in the standard of care by the Moving
Defendants and that the breach is the proximate cause of the
injuries alleged in the Complaint; and (4) indicates the
expert is licensed to practice medicine as of the date of the
affidavit, and establishes 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 at issue in
this case, which is obstetrics and gynecology.
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 gives an opinion that there are reasonable
grounds to believe there has been a breach in the standard of
care by each defendant and that each breach against each
defendant was a proximate ...