Geise v. Beebe Healthcare, Inc.

• Court: Superior Court of Delaware
• Decided: May 10, 2023
• Docket: N23C-03-003 MMJ
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

MICHAEL DEWANE GEISE, and ) BRANDI JOYCE GEISE, his wife, ) ) Plaintiffs, ) ) v. ) C.A. No. N23C-03-003 MMJ ) BEEBE HEALTHCARE, INC., d/b/a ) BEEBE HEALTHCARE (FAMILY ) PRACTICE AT BEACON). ) ) Defendant. )

ORDER

Submitted: April 14, 2023 Decided: May 10, 2023

Upon Defendant Beebe Healthcare, Inc.’s Request to Determine if the Affidavit of Merit Complies with 18 Del. C. §§ 6853(a)(1) and (c)

Section 6853(a)(1) of title 18 of the Delaware Code provides that all

healthcare negligence complaints must be accompanied by an affidavit of merit as

to each defendant signed by an expert witness, accompanied by a current curriculum

vitae of the witness, stating that there are reasonable grounds to believe that there

has been healthcare medical negligence committed by each defendant.

In this case, the affidavit of merit was filed under seal, as required. Pursuant

to 18 Del. C. § 6853(d), Defendant requested in camera review of the affidavit to

1 determine compliance with sections 6853(a)(1) and (c). The Court has reviewed the

affidavit of merit and the accompanying curriculum vitae. The Court finds:

1. The affidavit is signed by an expert witness.

2. The affidavit is accompanied by a current curriculum vitae.

3. The affidavit sets forth the expert’s opinion that there are reasonable

grounds to believe that the applicable standard of care was breached by each named

defendant.

4. The affidavit sets forth the expert’s opinion that there are reasonable

grounds to believe that specifically enumerated breaches by each defendant

proximately caused the injuries claimed in the complaint.

5. The expert witness was licensed to practice medicine as of the date of

the affidavit.

6. In the 3 years immediately preceding the alleged negligent act, the

expert witness was engaged in the treatment of patients and/or in the

teaching/academic side of medicine in the fields of Internal Medicine, Hematology

and Medical Oncology.

7. The expert witness is board-certified in Internal Medicine, Hematology

THEREFORE, the Court having reviewed in camera the affidavit of merit

and accompanying curriculum vitae of plaintiff’s expert witness, the Court finds that

2 the affidavit of merit complies with sections 6853(a)(1) and (c) of title 18 of the

Delaware Code.

IT IS SO ORDERED.

/s/ Mary M. Johnston The Honorable Mary M. Johnston