Berk v. Choy
Lower Court: Unknown • Last updated: January 20, 2026
Plain-Language Summary
The Supreme Court decided Berk v. Choy, addressing whether a Delaware state law requiring a medical expert's "affidavit of merit" to accompany medical malpractice lawsuits must be followed in federal court. Harold Berk sued Dr. Wilson Choy and Beebe Medical Center in federal court for medical malpractice under Delaware law but failed to provide the required affidavit. Berk argued that Delaware's affidavit requirement is displaced by the Federal Rules of Civil Procedure.
Justice Barrett authored the opinion, resolving the conflict between state procedural requirements and federal rules — a classic Erie doctrine question about which rules govern when state-law claims are heard in federal court.
Why This Matters
This decision affects medical malpractice plaintiffs across the country who file in federal court. Many states require expert certifications before malpractice suits can proceed, and this ruling clarifies whether those requirements apply in federal court. The decision has broad implications for the Erie doctrine and the interplay between state and federal procedural rules.