Harold R. Berk, Petitioner v. Wilson C. Choy, et al.

The Supreme Court said Delaware's rule requiring an expert affidavit with a medical malpractice complaint does not apply in federal court. The justices reversed the Third Circuit in a 9-0 opinion by Justice Barrett.

The Court ruled 9-0, with Justice Barrett writing the opinion, and reversed the Third Circuit.

Majority

Barrett

Roberts

Thomas

Alito

Sotomayor

Kagan

Gorsuch

Kavanaugh

Jackson

“Delaware’s affidavit law does not apply in federal court.”

This changes how medical malpractice suits are screened in federal court in Delaware when the court is hearing a state-law claim because of diversity (different-state parties). For example, a plaintiff in federal court cannot be automatically thrown out just for failing to attach Delaware's affidavit at the start.

The case goes back to the lower courts to continue under the Supreme Court's rule. Federal judges in similar Delaware cases must now use federal filing procedures instead of dismissing complaints for missing the state affidavit.

The dispute was whether a federal court had to enforce Delaware's rule requiring an expert affidavit with a medical malpractice complaint. The Supreme Court said no.

Medical malpractice plaintiffs and defendants in Delaware federal court are most affected. Plaintiffs face one fewer state filing barrier at the start of the case.

The case returns to the lower courts for further proceedings. Judges must now handle the complaint without applying Delaware's affidavit requirement in federal court.