Hakizaman, et al. v. Christiana Care Health Services d/b/a Christiana Hospital.
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY SYLVIE HAKIZIMANA as Administrator ) of the Estate of ETIENNE RUKUNDO ) BAGIRIMVANO, ) ) Plaintiff ) ) v. ) ) CHRISTIANA CARE HEALTH ) SERVICES D/B/A CHRISTIANA ) HOSPITAL, ) ) Defendant. ) C.A. No.: 10C-09-122 FSS (E-FILED) Submitted: November 22, 2010 Decided: November 24, 2010 ORDER Upon Review of the Affidavit of Merit This is Plaintiff s second attempt to comply with 18 Del. C. § 6853(a)(1) and (c) in a wrongful death suit based on Defendant s alleged healthcare negligence. In Delaware, a healthcare negligence lawsuit cannot be filed unless an affidavit of merit signed by the expert witness is accompanied by the expert s current curriculum vitae.1 Plaintiff s first attempt failed because she did not include the expert s current 1 18 Del. C. § 6853(a). curriculum vitae. Without that, the court could not determine if the expert, in the 3 years immediately preceding the alleged negligent act[,] ha[d] been engaged in the treatment of patients and/or in the teaching/academic side of medicine in the same or similar field of medicine as the defendant(s). 2 The court granted Plaintiff an additional twenty days to file the expert s current curriculum vitae. Plaintiff has timely submitted the expert s current curriculum vitae. After reviewing it, in camera, the court is satisfied the expert was treating patients as an attending physician in the field of Nephrology for three years immediately preceding the alleged negligent act. Therefore, the court finds that the affidavit of merit now complies with 18 Del. C. § 6853(a)(1) and (c). IT IS SO ORDERED. /s/ Fred S. Silverman Judge cc: Prothonotary Richard Galpern, Esquire Eric B. Pearson, Esquire Lisa M. Grubb, Esquire 2 18 Del. C. § 6853(c). 2
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