Order Regarding Affidavit of Merit for Foreign Object Left in Patient

The Delaware Superior Court issued an order on February 25, 2026, in the case of Joshua Kober v. Christiana Care Health Services, Inc. The court reviewed the plaintiff's complaint alleging a foreign object (part of an IV catheter) was left in a patient during surgery and the accompanying affidavits of merit. The court found that the affidavits, provided by a nursing expert and a clinical psychologist, met the requirements of 18 Del. C. §§6853(a)(1), 6853(c), and 6853(d), addressing both the breach of the standard of care and causation for alleged injuries.

This order confirms the sufficiency of the affidavits of merit submitted by the plaintiff in this medical malpractice case. For healthcare providers facing similar litigation in Delaware, this reinforces the importance of ensuring that any affidavits of merit submitted in support of a claim or defense strictly adhere to the statutory requirements concerning the expert's qualifications, licensure, experience, and the substance of their opinions on standard of care and causation. Failure to meet these requirements could lead to dismissal of claims or defenses.