October Term 2025 · Docket 24-440
Does Delaware's Rule Requiring an Expert Affidavit Before Filing a Medical Malpractice Lawsuit Conflict with Federal Court Procedures?
The dispute: Delaware law says a medical malpractice complaint cannot even be filed unless it comes with an expert affidavit. A patient suing in federal court in Delaware argues that requirement clashes with the federal rules that govern how lawsuits are started. The Supreme Court must decide whether that state rule can stand alongside the federal rules.