Nichols v. Christiana Care Health System

Summary

The Delaware Supreme Court affirmed dismissal of Liza Nichols’s medical-negligence complaint against Christiana Care Health System for failure to satisfy Delaware’s affidavit-of-merit requirements. The court held that the submitted affidavit did not establish that the affiant was licensed to practice medicine as required by 18 Del. C. § 6853(c), and it declined to consider an unpreserved common-knowledge exception argument.

Holdings

1. An affidavit of merit does not comply with 18 Del. C. § 6853(c) when the expert signing it is not shown to be licensed to practice medicine as of the date of the affidavit. A document identifying the affiant only as a certified nursing assistant did not satisfy that requirement.
2. The Superior Court properly dismissed the complaint for failure to comply with the statutory affidavit-of-merit requirements; a separate finding that the complaint was frivolous was not required.
3. The Court did not adopt a common-knowledge exception to the affidavit-of-merit requirement following enactment of 18 Del. C. § 6853, and Nichols waived the argument by raising it for the first time in her reply brief.

Questions Presented

1. Whether the document submitted by Nichols satisfied Delaware's statutory affidavit-of-merit requirements for a medical-negligence action.
2. Whether an affidavit of merit must be signed by an expert licensed to practice medicine as of the date of the affidavit.
3. Whether the Superior Court erred by dismissing the complaint without finding that it was frivolous.
4. Whether Delaware recognizes a common-knowledge exception to the statutory affidavit-of-merit requirement.

Disposition

affirmed