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How long can someone wait to file a med mal claim in Delaware?

On Behalf of | May 14, 2024 | Medical Malpractice

If you or a loved one has suffered harm due to medical negligence in Delaware, you may be considering filing a medical malpractice claim. However, it is crucial to understand the time limits that apply to these cases, as waiting too long can result in losing your right to seek compensation.

You should know several things about when you should file your claim.

The statute of limitations

In Delaware, the statute of limitations for medical malpractice claims is generally two years from the date of the alleged malpractice, when you discovered the injury or reasonably should have.

The discovery rule

Delaware law recognizes the “discovery rule,” which allows for extending the two-year statute of limitations in certain situations. If the injury caused by medical malpractice was not immediately apparent and you could not have reasonably discovered it within the two y, you may get an extension. However, there is a limit to this extension, known as the statute of repose.

The statute of repose

In Delaware, the statute of repose for medical malpractice claims is three years from the date of the alleged negligent act, regardless of when you discovered the injury. Even if you did not find the injury until later, you cannot file a lawsuit more than three years after the date of the alleged malpractice.

There are limited exceptions to the statute of repose, such as cases involving foreign objects left inside a patient’s body or situations where the healthcare provider fraudulently concealed the malpractice.

If you suspect that you or a loved one has experienced medical malpractice in Delaware, it is essential to act quickly. The sooner you file your claim, the sooner you get the compensation you deserve.

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