Medical malpractice is a term used to refer to actions by doctors, hospitals and other healthcare professionals that result in harm to patients. In general, lawsuits brought against entities or individuals for this operate based on the idea that hurt incurred was not knowingly and purposefully inflicted. (Though there are cases where professionals intentionally neglect, omit or otherwise cause hurt, something called “gross negligence.”)
Besides this negligence basis, legal action also requires that there exist a provable failure to provide standard care and significant damages as a result of all three. Medical malpractice laws vary among the states, and this also applies to Delaware.
1. What counts?
Not every incident that appears to involve medical malpractice will stand in a court of law. In Delaware four things need to be present. The plaintiff and medical professional must have had an existing connection before the injury took place. The court must have an understanding of the standard of care reasonably expected under the circumstances. There must be proof that the accused violated this standard of care. Finally, there must be establishment of a direct connection between the wound and the defendant.
2. What kind of evidence must exist?
Forms of evidence the court may request include photographs and videos of the hurt area. Health records of the filer, both before injury and after, statements and treatment bills may also be necessary.
3. What documents should the plaintiff file?
The state actually asks for the filing of two things. The first is the lawsuit. The second is an Affidavit of Merit, a document written and signed by a healthcare professional stating that the case has ground to stand on.
If you have received an injury due to medical malpractice, you may have legal recourse. However, any path you pursue has certain requirements.