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Skilled Medical Malpractice Attorneys Serving All of Delaware

Medical mistakes are not intentional. We hold drivers responsible for causing a car accident. So, doctors should also be held liable for any harm they cause to their patients. Medical malpractice cases can be challenging since these cases involve complex medical information. Medical professionals and their insurance companies will try hard to defend themselves. It’s important to hire a medical malpractice attorney that understands these challenges.

Young Conaway Stargatt & Taylor, LLP has decades of experience helping victims of medical malpractice and medical mistakes in Wilmington and throughout the state of Delaware. Our medical malpractice attorneys will fight to hold doctors, medical staff and facilities liable for their negligent actions. Talk to us today to schedule your free initial consultation by calling 302-298-0370 or send an email to schedule your consultation.

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Medical Malpractice Lawyers Protecting Your Legal Rights

Medical errors can lead to severe complications and even death. We aren’t afraid to advocate on your behalf to get the best outcome possible. When you have been harmed by a medical provider or facility’s mistakes, your life may be in jeopardy. Don’t wait until your condition worsens. Don’t let someone else suffer from the same mistake.

At Young Conaway Stargatt & Taylor, LLP, you will work one-on-one with our experienced medical malpractice attorneys. We also work with top experts across the country because we care about you and your family.

Contact our law firm right away to learn about your rights. Our personal injury law firm can handle medical malpractice cases that stem from:

Nurses On Staff To Review Your Medical Care

Our law firm has a full-time nurse paralegal on staff to help us evaluate your case. We will review your medical records and obtain a qualified expert to check the file to help us properly determine:

  • Who can be held liable
  • How the mistakes harmed your condition
  • How much compensation to seek in your case

Commonly Asked Questions Seen By Our Medical Malpractice Attorneys

You likely have a lot of questions if you believe that you experienced medical malpractice. Here, we have taken the time to answer some of the queries that we hear most frequently:

What are the statute of limitations for medical malpractice in Delaware?

Delaware has a two-year statute of limitations for filing a medical malpractice lawsuit. This means that you must file your lawsuit within two years of your medical negligence incident if you want to recover compensation. If you miss the deadline, you miss your chance to seek damages.

What factors are needed for a medical malpractice claim?

Medical malpractice does not necessarily mean a negative outcome. You must prove several criteria for an actionable claim. You must show that:

  1. You had a doctor-patient relationship with the physician.
  2. The physician breached their duty by deviating from the standard of care.
  3. As a result, you suffered an injury.
  4. Your injury has compensable damages.

If you can demonstrate these factors, you might have an actionable legal claim for medical negligence.

How do insurance companies determine claim amounts for medical malpractice?

It is not easy to estimate the damages of a medical malpractice claim. Insurance companies evaluate several factors, including:

  • Hospital bills
  • Current and future prescription medications
  • Future rehabilitative therapy
  • Future doctor appointments
  • Loss of past wages
  • Loss of earning potential
  • Cost of disability accommodations

Be aware that many insurance companies deliberately underestimate your damages so they do not have to lose money paying you. You should have your own attorney on your side who can provide an accurate estimate.

Are medical malpractice settlements public record?

No; settlement amounts remain private between you and the insurance company or other party. If you go to trial and the judge or jury issues an award, this amount becomes public information.

When should I talk to a medical malpractice attorney?

The sooner you speak with a lawyer, the better. Medical malpractice claims are very complex and it takes a lot of time to gather records, interview healthcare providers, consult expert witnesses and negotiate with the insurance provider. Many injuries and illnesses do not appear until months after the incident, so you should still speak with an attorney if you have only experienced negative results recently.

These answers are probably only a few that you need. We can answer even more of your questions when you speak with one of our team members.

How long do you have to sue for medical malpractice in Delaware?

All personal injury claims are subject to certain time limits, known as the statute of limitations. This helps make certain that valid claims are pursued before evidence gets misplaced and lost or witnesses begin to forget important details.

Del. Code § 6856 imposes a strict two-year statute of limitations on medical malpractice claims from the date of the alleged injury, not its point of discovery. In situations where the injury could not reasonably have been discovered sooner, the statute of limitations can be extended by a year. That means there is, at most, a three-year window or less in which to pursue a claim for birth injuries, surgical errors or other medical mistakes, with small exceptions for juvenile victims or victims of fraud.

It’s also important to realize that medical malpractice claims are unlike other personal injury claims in that plaintiffs are required to get an “affidavit of merit” from a qualified physician before they file a lawsuit. The affidavit of merit is essentially the written statement of a medical expert who has reviewed your claim and is willing to state that you have reasonable grounds for a lawsuit. That can take some time to obtain, and a malpractice lawsuit filed without it will be dismissed.

As a matter of practicality, you should never hesitate to investigate your legal options if you suspect that you or your loved one is a victim of medical malpractice from a health care provider. The sooner you contact our attorneys, the easier it will be to determine the viability of your claim, move to preserve important evidence and make sure that your rights to financial compensation are protected through initial legal filings. Obtaining fair compensation after a medical injury is far more difficult than most people realize, and action is required.

Schedule Your Free Initial Consultation Today

Medical malpractice cases require extensive knowledge and skill. You can trust our law firm to protect your rights and handle your case the right way. Call us at 302-298-0370, or contact us online to schedule a free initial consultation. We only get paid if we win your case.