AFFIDAVIT OF MERIT NOT REQUIRED AS TO CLAIMS AGAINST DENTISTS -
Limiting the scope of the affidavit of merit statute, the Superior Court recently held that an affidavit of merit was not required where a plaintiff filed a claim against dentists. In Gerstley-Trask v. Felzer, 2016 WL 1590979 (Del. Super. Ct. Apr. 13, 2016), the Superior Court held that dentists are not “health care providers” under Chapter 68 of Title 18 of the Delaware Code, meaning that no affidavit of merit was required to file a suit against them. The Court specifically noted that dentists are licensed and governed by a separate statute (Chapter 11 of Title 24 of the Delaware Code).
Please see full publication below for more information.
