Delaware Superior Court Order on Affidavit of Merit Compliance

DE Superior Court Opinions

Filed February 25th, 2026

Detected February 27th, 2026

Summary

The Delaware Superior Court issued an order finding that the plaintiff's Affidavit of Merit complied with state statutes regarding medical malpractice claims. The court reviewed the affidavit in camera and confirmed it met all statutory requirements, including expert qualifications and opinions on breach of standard of care.

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What changed

The Delaware Superior Court, in the case of Burris v. Bayhealth Medical Center, Inc., issued an order on February 25, 2026, confirming compliance with the state's Affidavit of Merit statute (18 Del.C. §6853). The court found that the plaintiff's submitted affidavit, signed by a board-certified expert in Internal Medicine and Pulmonary/Critical Care Medicine, met all procedural and substantive requirements. This included the expert's curriculum vitae, licensure, relevant practice experience, and a clear opinion that the defendants' actions breached the standard of care and proximately caused the alleged injuries.

This order signifies that the medical malpractice case can proceed, as the preliminary evidentiary hurdle of a compliant Affidavit of Merit has been cleared. For legal professionals involved in similar cases in Delaware, this serves as confirmation of the specific requirements for such affidavits, reinforcing the need for thorough documentation of expert qualifications and opinions to satisfy statutory mandates and avoid dismissal of claims. No specific compliance deadline or penalty information is applicable to this procedural order itself, as it confirms existing compliance.

What to do next

Review Affidavit of Merit requirements under 18 Del.C. §6853 for ongoing or future medical malpractice litigation in Delaware.
Ensure expert affidavits include a current curriculum vitae and clearly state the expert's qualifications and opinion on standard of care breach and causation.

Source document (simplified)

IN THE SUPE RIOR COURT O F THE STATE O F DEL AWARE SCOTT BURRIS, In dividually a nd) as Personal Re presentati ve of) the Estate of AGN ES MARIE B URRIS,) LISA BURRIS and LARA SEV ERSON,)) Plaintiff,) v.) C.A. No.: N25C- 12 -122 FJ J) Bayhealth Med ical Center, Inc.,) Apogee Medica l Group De laware, Inc.,) Ishtiaq Hussa in, M.D.,) Roshan D. Prab hu, M.D., and) Kushal Kumar S ooknarine, M.D.,)) Defendant.) ORDER REGAR DING AFFIDA VIT OF MER IT This 25 th day of Feb ruary, 2026, the Court has revie wed in c amera P laintiff’s Affidavit of Mer it pursuant to 18 Del.C. §6853(a)(3) and 6853(d). Having done so, the Court find s the follo wing: 1. An expert witne ss has signe d the affidavit of mer it. 2. The affidavit is acco mpanied by a curren t curriculum vitae of the exper t witness. 3. The expert witness who signed the Affidavit represents he is Board Certified in Inter nal Medicine, P ulmonary and Critical C are Medici ne. 4. The Affidavit indicates the expert witness was licensed to practice medicine as of the date of the Affidav it. 5. The Affidavit indicates the expert witness has been engaged in the treatment of patients and/or in th e academic side o f t he fields of Internal Medicine,

Pulmonary and Critic al Care Medicine for at l east three years preceding the acts alleged i n the Co mp laint. 6. The Affidavit contains an opinion that ther e was a b reach of the standard of care by all of the defendants and that the breach was the proximate cause of the injuries a ll eged in the Comp l aint. 7. The Affidavit complies with the requirements o f 18 Del.C. §§6853(a)(1) and 6853(c) as t o all Defen d ants name d in the Comp l aint. IT IS SO ORDE R ED. /s/ Francis J. Jones, Jr. Francis J. Jones Jr., Judge cc: File&ServeXpres s