Patrick, et al. v. Sahm, M.D., et al.
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY AMY PATRICK, and MARK BAUMEL, her husband Plaintiffs v. KATHERINE SAHM, M.D., CHRISTIANA INSTITUTE OF ADVANCED SURGERY, P.A., a Delaware Corporation, VICTOR KALMAN, D.O., and MORGAN KALMAN CLINIC, P.A., a Delaware Corporation Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CA. No.: 08C-12-223 FSS E-FILED Submitted: July 17, 2009 Decided: August 14, 2009 ORDER Upon Review of the Affidavit of Merit Under 18 Del. C. § 6853(d), Defendants Katherine Sham, M.D. and Christiana Institute of Advanced Surgery1 asked the court to review Plaintiffs affidavit of merit to determine its compliance under 18 Del. C. § 6853(a)(1) and (c). 1 Christiana Institute of Advanced Surgery is a named defendant solely for respondeat superior purposes. In Delaware, a healthcare negligence lawsuit cannot be filed unless accompanied by an affidavit of merit, signed by an expert witness, and filed with the expert s current curriculum vitae.2 The expert must be licensed to practice as of the affidavit s date, and must have been engaged in the same or similar field as the defendants in the three years preceding the alleged negligence. The affidavit must unequivocally state that there are reasonable grounds to believe that negligence has been committed by each defendant, and it was the proximate cause of injury. Plaintiffs filed three affidavit of merits, one specifically addresses Dr. Sahm. After in camera review, the court finds: 1. 2. A current curriculum vitae was filed with the affidavit; 3. At the time the affidavit was sworn, the expert was a licensed physician who treated patients within the three years preceding the alleged negligent acts; 4. The expert was re-certified in 2006 by the American Board of Surgery; 5. The affidavit states, with reasonable medical probability, that there are grounds to believe that Dr. Sahm breached her standard of care by transecting the spinal accessory nerve; 6. 2 An expert witness has signed the affidavit; The expert further opines that Dr. Sahm s breach proximately caused Plaintiff s injuries. 18 Del. C. § 6853(a), (a)(1). 2 Considering the above, the court finds that the affidavit of merit, as to Katherine Sahm, M.D., complies with 18 Del. C. § 6853(a)(1) and (c). IT IS SO ORDERED. /s/ Fred S. Silverman Judge cc: Prothonotary (civil) Bradley J. Goewert, Esquire John A. Elzufon, Esquire Randall E. Robbins, Esquire 3
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