Berk v. Choy · ¶12

Under Delaware law, a plaintiff may not sue for medical malpractice unless an affidavit of merit “accompanie[s]” the complaint. Del. Code, Tit. 18, § 6853(a)(1) (2025). The affidavit must be signed by a medical professional, § 6853(c), and it must state that there are “reasonable grounds to believe that there has been health-care medical negligence committed by each defendant,” § 6853(a)(1). A plaintiff with “good cause” may secure a single 60-day extension of time in which to file the affidavit, ibid., but he must file the extension motion before or when he files the complaint, § 6853(a)(2). If an affidavit does not accompany the complaint and the plaintiff has not fled a timely extension motion, then the clerk of court shall “refuse to file the complaint and it shall not be docketed.” § 6853(a)(1). The defendants need not take any action with respect to the complaint until 20 days…

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