Reincke v. All About Women of Christiana Care, Inc.

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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY MICHELLE REINCKE, Plaintiff, v. ALL ABOUT WOMEN OF CHRISTIANA CARE, INC., Defendant. ) ) ) ) ) ) ) ) C.A. No.: 12C-03-052 FSS (E-FILED) Submitted: April 2, 2012 Decided: April 9, 2012 ORDER Upon Review of the Affidavit of Merit On April 2, 2012, Defendant moved to have the court review Plaintiff s affidavit of merit, in camera, to determine if it complies with 18 Del. C. § 6853(c).1 In Delaware, a healthcare negligence lawsuit cannot be filed without 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 medicine as of the affidavit s date, and must have been engaged in the same or similar field as the defendant in the three 1 18 Del. C. § 6853(d). 2 Id. § 6853(a)(1). years immediately preceding the alleged negligence.3 The affidavit must state that reasonable grounds exist to believe the defendant was negligent, and that negligence proximately caused Plaintiff s injury.4 After in camera review, the court finds: 1. The expert signed the affidavit; 2. The expert attached a current curriculum vitae; 3. The expert is currently licensed to practice medicine; 4. The expert is Board certified in obstetrics and gynecology; 5. The expert has been treating patients and teaching medicine in the same field as Defendant for at least three years immediately preceding the alleged negligence; 6. The affidavit states a reasonable ground exists to believe Defendant breached its standard of care to Plaintiff; and 7. The expert states Defendant s breach proximately caused Plaintiff s injuries. Considering the above, the court finds that the affidavit of merit complies with 18 Del. C. § 6853(a) and (c). IT IS SO ORDERED. /s/ Fred S. Silverman Judge 3 Id. § 6853(c). 4 Id. 2 cc: pc: Prothonotary (Civil) Ben T. Castle, Esquire Andrew W. Vernick, Esquire Gregory S. McKee, Esquire Joshua H. Meyeroff, Esquire 3

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