CORY PARSON, Individually and as Personal Representative of the Estate of Robert Lee Parson, Plaintiff,
BRETT S. BLEMLE, PA-C, ROBERT FRANKEL, M.D, BAYHEALTH MEDICAL CENTER, INC., and BAYHEALTH EMERGENCY PHYSICIANS, LLC, Defendants.
BY JURY OF TWELVE DEMANDED
Submitted: October 15, 2019
Review of the Affidavit of Merit ACCEPTED
Eason Primos Judge
matter involves a healthcare negligence suit filed by
Plaintiff Cory Parson (hereinafter "Plaintiff),
individually and as personal representative of the estate of
Robert Lee Parson, against Defendants Brett S. Blemle, PA-C,
Robert Frankel, M.D., Bayhealth Medical Center, Inc., and
Bayhealth Emergency Physicians, LLC (all Defendants
hereinafter collectively "Defendants"). Defendants
Bayhealth Medical Center, Inc., and Bayhealth Emergency
Physicians, LLC (hereinafter "Moving Defendants"),
have asked the Court to review the affidavits of merit filed
in this case to determine whether they satisfy 18 Del.
C. § 6853. The Court has done so and has determined
that the affidavit of merit applicable to Moving Defendants
complies with the statute.
case, Plaintiffs filed their Complaint on July 31, 2019,
alleging that Defendants were medically negligent and
breached the applicable standard of care. Specifically, with
regard to the allegations against Moving Defendants,
Plaintiffs allege, inter alia, that Moving
Defendants are liable for the conduct of Brett S. Blemle,
PA-C, and Robert Frankel, M.D., under the doctrine of
respondeat superior and for the alleged wrongful
death of Robert Parson. Plaintiff also alleges, inter
alia, that Moving Defendant Bayhealth Medical Center,
Inc., was negligent in that it failed to properly supervise
or train its staff, or both; failed to provide enough staff
to provide adequate care to its patients; and failed to have
proper standards, policies, rules, or procedures in place to
ensure adequate care was provided to its patients.
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 Board 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, one affidavit of merit is under consideration. As
requested by Moving Defendants, upon the Court's in
camera review, the Court finds the following as to the
a. The expert signed the affidavit.
b. The curriculum vitae of the expert is attached.
c. The expert, who is a physician, was licensed to practice
medicine as of the date of the affidavit.
d. The expert is Board certified in Emergency Medicine,
practices medicine in that specialty, and supervises
physician's assistants in that field.
e. The expert was involved in treating patients in the field
of Emergency Medicine for the three years prior to the
alleged negligent acts.
f. The affidavit states that reasonable grounds exist to
believe that the Moving Defendants, along with the other
Defendants, breached the applicable standard of care, and
that the breaches were a ...