Delaware Medical Malpractice Statute of Limitations

Medical malpractice is a necessary claim to be brought before the court at one time or another, regardless of the state.  A medical professional, usually a doctor, can be held responsible for a misdiagnosis or failure to diagnose an illness or injury.  If the proper medical treatment is not provided, or the treatment is withheld for an unreasonable amount of time and the patient is subject to further injury or death, the individual or his/her family has grounds to file suit.  However, each state has its own set of specific laws and criteria.  Delaware is no exception. For instance, a medical negligence panel reviews each case before it ever goes to court.

Time Limits for Filing a Claim in Delaware

Every state has a statute of limitations on medical malpractice cases.  A patient cannot sue a doctor ten years after an injury or death. In the state of Delaware, the plaintiff has two years to file a claim, unless the injury cannot be reasonably detected in that amount of time.  Then, the courts will consider the case up to three years from the act or omission of treatment.  In the case of a minor under the age of six, the individual has until the sixth birthday or two years later.

Negligence Laws

Negligence laws are meant to provide compensation for patients who have been hurt due to the actions, or lack thereof, of a medical professional.  However, the laws also protect the plaintiff from paying the malpractice lawyer too much for his/her services.  The lawyer’s maximum wages are determined by a set percentage of the final award. For detailed data, please see the following chart:

Award Limits in Delaware

In the state of Delaware, there are no limits regarding compensation plaintiffs can obtain for current and future medical care related to malpractice.  However, no punitive damages are allowed in most cases.  However, if the defendant’s wanton conduct or intent to cause injury is discovered, punitive damages may be granted, if no other sufficient legal recourse remains to stop negligently operating professionals or entities.

Legal Help

Especially if you feel that you have cause for punitive damages, you will want to acquire professional legal help.  Do not count on emotional and monetary elements alone.  Let a legal expert make sure you receive all the compensation the law will allow in your medical malpractice claim.