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Avoid mistakes when filing a medical malpractice claim

On Behalf of | Mar 21, 2023 | Medical Malpractice

There is no excuse for substandard medical care in a Delaware hospital or other medical environment. When you entrust your health to medical professionals, you also entrust your safety to them. You are not responsible for the conduct of a medical team. They, however, must fulfill their duties per state laws and accepted safety standards. Substandard care often leads to medical malpractice claims. 

If you file a medical malpractice claim in a civil court, you ask the court to hold the defendant accountable for neglect that resulted in injuries to you or your child. This type of litigation is complex and stressful. You must prove several issues to achieve a favorable outcome. When presenting a malpractice case, there are several mistakes you will want to avoid.  

File your medical malpractice claim promptly

In Delaware, you have two years from the incident that resulted in injury to file a malpractice claim in a civil court. Many recovering victims overlook this detail, only to discover that the statute of limitations has already passed, which creates an ineligibility for filing a claim.  

Do not mistake medical error for medical malpractice

A doctor, nurse or other medical professional can make a mistake without committing malpractice. Ensure you understand precisely what constitutes malpractice in this state before you head to court. To prove medical negligence, you must convince the court or jury that the defendant owed you a duty, was negligent in fulfilling it, and injuries occurred because of that negligence.  

Lack of evidence could cause you to lose your case

As a plaintiff in a Delaware medical malpractice claim, you must present evidence in court to substantiate your claim. Evidence might include medical records or witness testimony from a medical professional well-versed in the same area of practice as the defendant. Such witnesses can testify that the average physician should have recognized specific symptoms or ordered certain tests or surgeries to help a patient stay safe.  

Such testimony can also show that a failure to diagnose or lack of action promptly could cause injuries consistent with those that occurred in your case. One of claimants’ most significant mistakes is not gathering enough evidence to win their cases in court.  

You do not have to handle a medical malpractice claim on your own

Going to court to litigate a Delaware medical malpractice claim can be a distressing and frightening experience. You should not hesitate to seek support from close friends and family members, counselors, financial advisers, patient advocates and legal representatives who can provide guidance and encouragement throughout the litigation process.