Delaware’s Injury & Medical Malpractice Leaders

  1. Home
  2.  | 
  3. Medical Malpractice
  4.  | How long do I have to file a medical claim?

How long do I have to file a medical claim?

On Behalf of | Sep 20, 2022 | Medical Malpractice

When you entrust your health to a Delaware medical team, you can expect them to provide quality care per state laws and industry-accepted safety standards. There’s always a risk if you have surgery or any medical procedure. However, if something goes wrong, it should never be because of negligence. Such incidents often compel patients to file a medical claim.

Suppose a doctor, nurse, lab technician or other medical professional failed to fulfill their duties, and the result was that you suffered illness or injury. In that case, state law allows you to file a medical claim to request compensation for damages. There are several things to keep in mind if you are considering filing a claim, including that you must file the claim within a specific time frame.

Statutes of limitation regarding medical claims

You might be considering filing a claim in a civil court because of medical negligence. Whether acting on your behalf or behalf of your minor child, the following list provides helpful information regarding how long you can wait before filing your claim:

  • You must file a medical claim within two years from the date of your injury.
  • If acting on your child’s behalf, and they are under age 6, you have three years before eligibility for filing a medical negligence claim expires or until your child reaches their 6th birthday.
  • If you were not aware of your injuries until a time after two years after the date of the incident, you might still be able to file a claim, as long as three years have not yet passed.

While there are stringent rules regarding when and how you may file a medical claim, there are, as mentioned in the previous section, exceptions to some of those rules, which is why it’s essential to make sure you clearly understand the regulations or state laws that are relevant in your situation before determining whether or not to file a claim.

Resources are available to help answer your questions

Filing a medical claim comes under the “personal injury law” category and is sometimes referred to as “medical malpractice.” It is a complex area of law that can present many challenges and be quite distressing for a plaintiff. The good news is that you do not have to go it alone in court.

You may seek counsel ahead of time to find answers to your questions and obtain assistance in building your case, such as gathering evidence, contacting witnesses for testimony and just having encouragement and support on hand to help make the litigation process less stressful.