Berk v. Choy

Harold Berk attempted to sue Dr. Choy for medical malpractice after his fractured ankle was made significantly worse during treatment in Delaware. Since Berk was a citizen of a different state, he was able to sue in federal court. Delaware law requires a plaintiff to have an affidavit of merit signed by a medical doctor before filing a lawsuit. He requested a 60 day extension but was unable to get an affidavit in time. He argued that Delaware's law did not apply in a federal suit, though lower courts disagreed.

The Supreme Court ruled that Delaware law requiring an affidavit did not apply in a federal lawsuit as there are already rules regarding the matter in the Federal Rule of Civil Procedure. Federal rules are placed higher than state laws under the Rules of Decisions Act.

Link to full text: https://www.supremecourt.gov/opinions/25pdf/24-440_1b82.pdf

Disclaimer

Articles published on this site are intended to be concise and easily understood. This means certain information that is not fundamental to understanding the text is not included. Links to full texts will always be posted so viewers have access to further information if desired.