Berk v. Choy · ¶9

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 filed 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 after…

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.