How Soon Does Someone Have To File A Medical Malpractice Case In Delaware?

On Behalf of | Feb 22, 2016 | birth injuries

Victims of medical negligence in Delaware have a limited time to file a medical malpractice claim. These laws, known as statutes of limitations, are in place to ensure that evidence is relatively fresh and witnesses are still able to remember events that took place. Practically speaking, this means that victims of medical malpractice should consult with a lawyer as soon as possible after the injury.

In Delaware, the statute of limitations for medical malpractice claims is two years. This means that any person injured or killed by a medical professional’s negligence has two years from the date of the injury to file a lawsuit. There are important exceptions to this law, however.

What Are The Exceptions To The Two Year Statute Of Limitations?

In Delaware, there are three key exceptions to the statute of limitations for medical malpractice cases. They are as follows:

  • If a child under 6 years old is injured by a medical professional’s negligence, they have two years to bring a claim, or until their 6th birthday, whichever date is later. Therefore, if your child is injured at birth, the family has until the child’s 6th birthday to bring a case. On the other hand, if your child is injured when he or she is 5 years old, he or she has two years to bring a case.
  • If the injured person did not know that they suffered an injury, and this injury could not be reasonably discovered within two years, the injured person has three years to bring a case.
  • If an injured person sends by certified mail a Notice of Intent to investigate a medical malpractice case to the potential defendants, they have an additional 90 days to file a claim. Therefore, if the statute of limitations is to expire on March 1, a potential plaintiff would gain an extra 90 days, or until May 29, to file a case.

If you have reason to believe that you or someone you love was injured by a medical professional’s negligence, it is important to act quickly. For years, individuals and families across Delaware have placed their trust in the lawyers of Young Conaway Stargatt & Taylor. With locations in Wilmington, Middletown and Georgetown, the firm is ready to listen to you and help you understand your options. Call 888-395-7576 to set up a free consultation.