Motley v. Bayhealth Medical Center, INC
CourtSuperior Court of Delaware
Date FiledNovember 4, 2026
DocketK26C-08-009 JJC
StatusPublished
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Full Opinion
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
:
SUSAN MOTLEY, :
:
Plaintiff, : C.A. No: K26C-08-009 JJC
:
v. :
:
BAYHEALTH MEDICAL CENTER, :
INC. and COMPLETE CARE AT :
SILVER LAKE, LLC, :
:
Defendants. :
Submitted: October 16, 2026
Decided: November 4, 2026
ORDER
Defendant Complete Care at Silver Lake, LLC (“Complete Care”) moves for
an in camera review of an affidavit of merit pursuant to 18 Del. C. § 6853(d).
Plaintiff Susan Motley asserts medical negligence claims against Defendants
Bayhealth Medical Center, Inc. (“Bayhealth”) and Complete Care. She alleges that
Bayhealth and Complete Care are both liable for causing harm to Plaintiff because
she developed a pressure ulcer while in their care. More specifically, Plaintiff alleges
that Defendants and their employees were on notice of Plaintiff’s heightened risk of
developing pressure ulcers and then failed to prevent, monitor, and care for the
developing bed sore.
Delaware law requires plaintiffs in a medical negligence suit to file an
accompanying affidavit of merit that addresses each defendant. The purpose of the
requirement is prophylactic and is designed to limit frivolous medical negligence
claims.1 To that end, the affidavit must be signed by an expert witness, meet certain
statutory requirements, and include an expert’s curriculum vitae as an attachment.2
In general, if the affidavit tracks the language provided in the statute, it complies.3
As such, the requirements for an affidavit of merit are “purposefully minimal”.4 The
statute requires the affiant to recite, inter alia, that the expert has “reasonable
grounds to believe that there has been health-care medical negligence committed by
each defendant.”5
Following in camera review of the affidavit, the Court finds:
(1) The expert signed the affidavit;
(2) The expert attached a curriculum vitae;
(3) The expert is currently licensed to practice medicine;
(4) The expert is Board certified in internal medicine;
(5) According to the expert’s affidavit with an accompanying CV, the expert
has treated patients in the same or similar field as both defendants over the
three years immediately preceding the allegedly negligent conduct.
Namely, the affidavit and curriculum vitae reference the expert’s
experience and board certification in the private practice of internal
medicine for more than the prior three years; and
(6) The expert’s affidavit recites that reasonable grounds exist to believe that
both defendants, including Complete Care, committed medical negligence
during their treatment of Plaintiff, and as a result, proximately caused the
injuries that Plaintiff alleges in her complaint.
1
Dishmon v. Fucci, 32 A.3d 338, 342 (Del. 2011).
2
18 Del. C. § 6853(a)(1).
3
Flamer v. Nanticoke Mem’l Hosp., 2020 WL 113911, at *1 (Del. Super. Jan 9, 2020) (citing
Dishmon, 32 A.3d at 342).
4
Dishmon, 32 A.3d at 342.
5
18 Del. C. § 6853(a)(1).
2
For these reasons, the affidavit of merit complies with the statutory
requirements provided in 18 Del. C. §§ 6853(a)(1) and (c). Accordingly, it is
COMPLIANT as to Complete Care.
IT IS SO ORDERED.
/s/ Jeffrey J Clark
Resident Judge
Via File & Serve Express
3