Summary
holding that based on the nurse's experience, she qualified as an expert under 18 Del. C. § 6853 and (c) where a patient claimed bed sores and other injuries resulting from negligent nursing care
Summary of this case from Ward v. Milford Ctr., L.L.C.Opinion
C.A. No.: N15C-03-197 FSS
10-15-2015
DONALD WAGNER and SANDRA WAGNER, Plaintiffs, v. CHRISTIANA CARE HEALTH SERVICES, INC., Defendant.
JURY TRIAL DEMANDED
ORDER
Upon Review of the Affidavit of Merit
On September 9, 2015, Defendant 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).
In Delaware, a healthcare negligence lawsuit must be filed with an affidavit of merit, 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 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 plaintiff's injury.
Id. § 6853(a)(1).
Id. § 6853(c).
Id.
The statute's requirements are minimal. Accordingly, an affidavit of merit tracking the statutory language complies with the statute.
See Dishmon v. Fucci, 32 A.3d 338, 342 (Del. 2011) ("In order to satisfy the prima facie burden, an Affidavit of Merit must only contain an expert's sworn statement that medical negligence occurred, along with confirmation that he or she is qualified to proffer a medical opinion.").
Here, Plaintiffs claim bedsores and subsequent injuries as a result of Defendant's alleged negligent nursing care. Accordingly, Plaintiffs' expert is a registered nurse, which complies with § 6853(a)(1).
See Green v. St. Francis Hosp., Inc., 791 A.2d 731 (Del. 2002) (holding that based on the nurse's experience, she qualified as an expert under 18 Del. C. § 6854 where a patient claimed an injury resulting from negligent nursing care); Dougherty v. Horizon House, Inc., C.A. No. 06C-05-250 RRC, 2008 WL 3488532 (Del. Super. June 25, 2008) (holding that an affidavit of merit from a registered nurse complied with 18 Del. C. § 6853(a)(1) and (c)). --------
After in camera review, the court finds:
1. An expert signed the affidavit;
2. A current curriculum vitae was filed with the affidavit;
3. The expert is a critical care registered nurse;
4. At the time the affidavit was sworn, the expert was a registered nurse who treated patients and/or taught in the same or similar field of medicine as the Defendant within the three years preceding the alleged negligence;
5. The affidavit states, with reasonable medical probability, that there are grounds to believe the applicable standard of care was breached by Defendant;
6. The expert states Defendant's breach proximately caused Plaintiffs' injuries.
Considering the above, the court finds that the affidavit of merit complies with 18 Del. C. § 6853(a) and (c) as to Defendant.
IT IS SO ORDERED.
/s/ Fred S. Silverman
Judge cc: Prothonotary (Civil)
Stephen J. Milewski, Esquire
Gary S. Nitsche, Esquire