Arrington, et al. v. Bayhealth Medical Center, Inc., et al.
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SUPERIOR COURT OF THE STATE OF DELAWARE RICHARD R. COOCH RESIDENT JUDGE NEW CASTLE COUNTY COURTHOUSE 500 North King Street, Suite 10400 Wilmington, Delaware 19801-3733 (302) 255-0664 March 28, 2013 Gilbert F. Shelsby, Esquire Shelsby & Leoni, P.A. 221 Main Street Wilmington, Delaware 19804 Attorney for Plaintiffs Ryan T. Keating, Esquire Gregory S. McKee, Esquire Wharton Levin Ehrmantraut & Klein, P.A. 300 Delaware Avenue, Suite 1220 P.O. Box 1155 Wilmington, Delaware 19899-1155 Attorneys for Defendant Bhavin Dave, M.D. James E. Drnec, Esquire Melony R. Anderson, Esquire Balick & Balick, LLC 711 King Street Wilmington, Delaware 19801 Attorneys for Defendant Bayhealth Medical Center, Inc. Bradley J. Goewart, Esquire Lorenza A. Wolhar, Esquire 1220 North Market Street, 5th Floor P.O. Box 8888 Wilmington, Delaware 19899-8888 Attorneys for Defendant John Fink M.D. RE: Karen Arrington, Individually and as Personal Representative of the Estate of Paul Arrington, Stacy Arrington, and Paul Arrington v. Bayhealth Medical Center, Inc., John Fink. M.D., and Bhavin Dave, M.D. C.A. No. N12C-10-132-RRC On Defendant John Fink M.D. s Motion to Determine if the Affidavit of Merit Complies with Sections (a)(1) and (c) of TITLE 18 § 6853 Submitted: January 31, 2013 Decided: March 28, 2013 AFFIDAVIT FOUND TO BE COMPLIANT WITH 18 DEL. C. § 6853. Dear Counsel: On January 31, 2013, Defendant John Fink, M.D., filed a Motion to Determine if the Affidavit of Merit complies with Section a(1) and (c) of Title 18 §6853. On February 26, 2013, the Court informed counsel that after reviewing the two Affidavits of Merit filed in this case, an Affidavit had been provided from an expert board certified in internal medicine, whereas, John Fink, M.D., is board certified in family medicine. The Court requested that counsel for Plaintiff and counsel for John Fink, M.D. should advise by letter memorandum whether internal medicine or family medicine are similar fields of medicine pursuant to 18 Del. C. § 6853(c). On March 12, 2013, counsel for John Fink, M.D. informed the Court that it agreed with Plaintiffs that a board certified internist qualified as a similar field of medicine to family medicine pursuant to 18 Del. C. § 6853(c). Therefore, the Court finds that the affidavits comply with 18 Del. C. §6853 (a)(1) and (c). Very truly yours, Richard R. Cooch RRC/ssh CC: Prothonotary
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