IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
ANDREW SMITH, )
)
Plaintiff, )
) C.A. No.: K26C-05-013 RLG
v. )
)
CHRISTIANA CARE )
HEALTH SERVICES, )
)
Defendant. )
Submitted: July 24, 2026
Decided: August 26, 2026
ORDER
Upon Review of the Affidavit of Merit – COMPLIANT
On July 24, 2025, Defendant Christiana Care Health Services (“CCHS”) filed
a motion1 seeking the Court’s review of Plaintiff Andrew Smith’s affidavit of merit,
in camera, to determine whether it complies with 18 Del. C. § 6853(a)(1) and (c).2
Specifically, CCHS requested the Court review the affidavit of merit to ensure: (1)
it is signed by an expert witness; (2) it is accompanied by that witness’s curriculum
vitae; (3) the expert opined there are reasonable grounds to believe that CCHS
breached the applicable standard of care; (4) said breach was the proximate cause of
1
D.I. 9.
2
See 18 Del. C. § 6853(d) (“Upon motion by the defendant[,] the Court shall determine in camera if the affidavit of merit complies with paragraph (a)(1) and subsection (c) of this section.”).
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the injuries alleged in the Complaint; (5) the expert was licensed to practice medicine
as of the date of the affidavit; and (6) the curriculum vitae establishes the expert has
been engaged in the treatment of patients, or the academic side of medicine, in the
three years immediately preceding the alleged negligent act.3 Mr. Smith has filed an
expert’s affidavit and an accompanying curriculum vitae.4 The Court has conducted
the review requested.
18 Del. C. § 6853(a) requires all healthcare negligence lawsuits be
accompanied by “an affidavit of merit as to each defendant signed by an expert
witness … and 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.” Under 18 Del. C. § 6853(c), the affidavit
of merit must “set forth the expert’s opinion that there are reasonable grounds to
believe that the applicable standard of care was breached by the named defendant or
defendants and that the breach was a proximate cause of injury or injuries claimed
in the complaint.” The requirements of 18 Del. C. § 6853 “are purposefully
minimal.”5
3
D.I. 9 at 3-4.
4
D.I. 1.
5
Dishmon v. Fucci, 32 A.3d 338, 342 (Del. 2011) (citing Green v. Weinger, 766 A.2d 492, 495-96 (Del. 2001)).
2
Having reviewed the affidavit of merit and the expert witness’s curriculum
vitae, 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 has been treating patients in the same or similar field of
medicine as CCHS pertaining to the injuries alleged in the Complaint.
Specifically, the affidavit and accompanying curriculum vitae identify
the expert as a registered nurse with board certifications in emergency
and critical care nursing. The expert possesses over thirty years of
experience in nursing, and currently practices as a clinical nurse.
5. The expert opines there are reasonable grounds to believe CCHS
breached the standard of care in its care of Mr. Smith. The expert
further opines that breach was the proximate cause of Mr. Smith’s
injuries.
The affidavit of merit contains the information required by 18 Del. C. §§ 6853(a)(1)
and (c) as to the allegations involving Integrated Health. Therefore, the affidavit of
merit is COMPLIANT.
3
IT IS SO ORDERED.
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