Berk v. Choy · ¶51

Accordingly, the text of § 6853 makes clear that the statute's first order of business is not to address the requirements for dismissal of an affidavit-free lawsuit such as Berk's. Instead, § 6853 most directly answers the threshold question of what is required to start a civil action for medical malpractice under Delaware law. Delaware's response is that the plaintiff must submit an affidavit of merit, or a motion for an extension of time to file such affidavit, because (to repeat) the clerk cannot “file the complaint” or “docke[t]” the case without that additional filing. § 6853(a)(1).

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