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Can you file a medical malpractice lawsuit in Delaware?

On Behalf of | Nov 21, 2017 | Medical Malpractice

The term “medical malpractice” is quite broad and general. It can be difficult to know exactly when it applies. If you or a member of your family in the state of Delaware suspects that you have a case of medical malpractice on your hands, it is a good idea to inform yourself about a few of the basic premises of this type of claim.

Becoming more informed about medical malpractice in the state of Delaware can help you as you gather the facts of your case and eventually as you seek out legal advice from an attorney with experience in medical malpractice lawsuits.

Statute of limitations

One of the first things to consider is that Delaware has a statute of limitations regarding medical malpractice cases. This means that you have a limited amount of time between when the malpractice occurred and when you file a lawsuit. This is yet another reason why it is imperative to consult with an attorney, who can advise you about the specifics regarding the statute of limitations as it applies to your case under Delaware state law.

Health care provider violations

According to the Delaware News Journal online, Delaware courts have made some large payouts to plaintiffs in medical malpractice cases. These cases have to do with doctor error or negligence. For example, one doctor referred to in the article was an ob-gyn who the courts found guilty of causing harm to a baby during delivery. The article also cites some other high-profile cases. Generally speaking, however, you may have a case to bring if you suspect a doctor or health care provider caused harm through negligence or improper care. 

Evidence and documentation

In cases of medical malpractice, evidence is absolutely critical in terms of fighting your case in court. There are specific types of evidence that can help your case. You should document everything you can about the injuries you sustained and how you believe the doctor or health care worker caused or contributed to them. It is also helpful to document any emotional suffering you have sustained as a result of the error.

Ultimately, the best way to determine whether you have a case is to consult with an attorney who has experience in handling Delaware medical malpractice cases. Once you have gathered as much evidence about your case as possible, you can bring that information to the lawyer who will help you assess your situation.