Kathryn Van Brunt v. Beebe Medical Center, Inc.

• Court: Superior Court of Delaware
• Decided: January 3, 2024
• Docket: N23C-10-064 MMJ
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

KATHRYN VAN BRUNT, Individually ) and as Personal Representative of the ) Estate of HAROLD VAN BRUNT and ) KRISTA GILLEN, ) ) Plaintiffs, ) ) v. ) C.A. No. N23C-10-064 MMJ ) BEEBE MEDICAL CENTER, INC. d/b/a ) BEEBE HEALTHCARE, SUSSEX ) EMERGENCY ASSOCIATES, LLC, ) STEVEN GINDER, M.D., NEIL ) GASKILL, D.O., ARPINE AVAGYAN, ) M.D., and MADHU PRATTIPATI, M.D., ) ) Defendants. )

ORDER

Submitted: December 13, 2023 Decided: January 4, 2024

Upon Defendants’ 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. 1 In this case, two affidavits of merit were filed under seal, as required.

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

affidavit(s) to determine compliance with Sections 6853(a)(1) and (c). The Court

has reviewed the affidavits of merit and the accompanying curriculum vitae. The

Court finds:

1. Two affidavits were submitted, each signed by an expert witness.

2. Both affidavits are accompanied by a current curriculum vitae.

3. Both affidavits set forth each expert’s opinion that there are reasonable

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

defendant.

4. Both affidavits set forth each 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. Both expert witnesses were licensed to practice medicine as of the date

of the affidavit.

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

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

teaching/academic side of medicine in the fields of Emergency Medicine and Family

Medicine. The second expert witness was engaged in the treatment of patients

2 and/or in the teaching/academic side of medicine in the fields of Internal Medicine

and Geriatric Medicine.

7. Both expert witnesses are board-certified in their respective fields of

medicine.

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

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

that the affidavits of merit comply 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