Berk v. Choy: Oral Argument

Case Summary: The Case involves Harold R. Berk, a Florida resident who was visiting Delaware when he fell, severely injured his left ankle and foot, and then sought treatment at a local emergency room and rehabilitation facility. Berk alleges that Dr. Wilson C. Choy, Beebe Medical Center, and Encompass Health Rehabilitation Hospital provided negligent medical care that worsened his injuries by delaying necessary surgery, causing extreme pain, and complicating his recovery, and he filed a diversity medical‑malpractice action in federal district court without attaching the expert “affidavit of merit” required by Delaware’s health‑care negligence statute. The issue before the Supreme Court is whether a federal court sitting in a diversity medical‑malpractice case must enforce Delaware’s state “affidavit of merit” requirement, which obliges plaintiffs to file an expert certificate at the outset of suit, or whether that requirement conflicts with and is displaced by the Federal Rules of Civil Procedure governing pleadings and expert disclosures.