Medical Malpractice Law in Delaware

Medical malpractice law in Delaware can be complicated, and if you do not know the basics of the many laws in your state then you will have a difficult time winning your case. Medical malpractice is when a health care provider violates the standards of medical care and as a result the patient suffers some form of injury or death. Doctors that may be liable in these cases include doctors, counselors, psychologists, and psychotherapists.

Delaware State Malpractice Laws at a Glance:

Delaware State Tort Law
Statute of Limitations Two years from date of original injury or three years after injury is discovered as long as it was latent.
Damage Award Limits No limit but punitive damages only available in cases of malicious intent or misconduct.
Joint Defendant Liability There is no separation of liability
Expert Witness The expert witness must have knowledge in similar field to defendant.
Attorney Fees Limit on attorneys fees is on a sliding scale based on awarded damages.

Limits on the Malpractice Damages

Unlike other states in the country, there are no limits on damages that may be achieved from medical malpractice law in Delaware. However, punitive damages are allowed only in certain cases there is some form of malicious intent to injure, or some form of willful and wonton conduct on the part of the defendant.

Collateral Source Rule

There is a traditional collateral source rule that that states that a defendant in a malpractice case may not try to reduce his or her liability in the case by providing evidence that proves that the defendant received some form of compensation from other sources. For example, if medical insurance covered the bills. Medical malpractice law in Delaware however, does allow the introduction of this type of evidence into a case however, for some form of discretionary offset.

Limits on Attorney's Fees and Other Rules

The state of Delaware does allow for some limits on the amount that a lawyer may collect in medical malpractice lawsuits. These limits are 35 percent on the first $100,000 of the award, 25 percent of the next $100,000 and 10 percent of all other additional awards. Some other miscellaneous rules include: all cases are reviewed by a medical negligence panel in order to be reviewed. The findings of the panel may be introduced during the trial as evidence. In some cases, the damages awarded to the defendant will be paid via installments. If the plaintiff dies before he or she can collect the entire award, compensation for the following payments will be made.

Finding the Right Lawyer

It is very important that you find a lawyer to handle your medical malpractice law suit. Because of the fact that the hospitals and physicians will be hiring the best lawyers that money can buy, it is obligatory that you likewise find an expert lawyer in the field of medical malpractice law in Delaware. A specialist will be less likely to make mistakes and will know all the details.

Have you or your loved one been the victim of medical malpractice? Contact a medical malpractice attorney to receive the compensation you deserve for the outstanding medical malpractice liability.
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