DE SB223

Amends Delaware Code Title 18 to clarify that affidavits of merit in medical negligence lawsuits must be filed against a "health care provider" as defined in statute, expanding scope beyond just medical doctors.

Requires experts signing affidavits of merit to be licensed to practice medicine if the defendant is a licensed physician, and to have been engaged in treatment of patients or teaching/academic work in the same or similar medical field during the 3 years preceding the alleged negligent act.

Mandates that experts be Board certified in the same or similar field as the defendant health care provider, with an exception for experts who began practicing before Board certification existed in their specialty.

Eliminates the requirement for an affidavit of merit when the defendant is a corporation, facility, or institution rather than an individual health care provider.

Requires defendants to demonstrate "good cause" before requesting courts to review affidavits of merit in camera, and makes affidavits non-discoverable and inadmissible in medical negligence actions.