Delaware Medical Negligence Lawyers With Years of Helping Victims

When you are being treated for an injury or illness, the last thing you want to question is the quality and safety of your medical treatment. However, harm resulting from medical care remains far too common.

A 2018 study published by John Hopkins found that medical mistakes were the third leading cause of death in the United States. They found that 250,000 people die yearly because of medical mistakes. This makes it the third leading cause of death behind cancer and heart disease.

Based upon medical record reviews, researchers determined that 63 percent of medical errors were preventable and that there was little evidence that the rate of medical harm had decreased since a 1999 study by the Institute of Medicine. The full Journal article, “Temporal Trends in Rates of Patient Harm Resulting from Medical Care,” is available here.

What To Look For When Hiring Medical Negligence Lawyers

Following an injury caused by a negligent medical professional, dealing with legal matters can be overwhelming. Choosing the right medical malpractice lawyer is crucial for achieving a successful outcome.

Here are essential factors to consider when making such a critical decision:

• Experience in medical malpractice: Medical negligence cases are complex, requiring specialized knowledge and experience beyond general personal injury law. Look for a lawyer with a deep background in medical malpractice. Their experience should encompass various forms of malpractice and an understanding of the “standard of care” expected from different health care professionals.
• Willingness to communicate: An attorney with outstanding legal expertise may not be the best fit if communication feels strained or unreliable. Choose someone who listens to your concerns, explains legal matters clearly and ensures you remain informed.
• Track record and results: An attorney’s track record showcases their ability to secure favorable settlements or verdicts that reflect the severity of each case. A history of adapting strategies and effectively utilizing resources demonstrates competency in managing unexpected challenges and maximizing a claim’s potential.
• Fee structure transparency: Medical malpractice cases are often lengthy and complex. Talk over the fee structure in advance to avoid surprises. Often, medical malpractice lawyers take cases on a contingency fee basis, meaning you need not pay unless you win. The percentage they take should be clearly outlined in a written agreement.
• Demonstrable trustworthiness: Choosing a medical malpractice lawyer is deeply personal. Trust your intuition. During a consultation, you should feel heard and respected. Look for demonstrable signs of trustworthiness as well by reading client reviews and verifying their good standing with the bar association.

By considering these factors and unique ones relevant to your circumstances, you can find a malpractice attorney with the expertise and compassion to fight for your rights. You deserve nothing less than maximum financial compensation and justice after a negligent health care professional harms you. The right medical malpractice attorney can make a significant difference in the outcome of your case.

Representing Victims of Medical Negligence

The attorneys of Young Conaway Stargatt & Taylor, LLP, have handled a variety of medical malpractice cases. A few examples include:

• Failure to Warn: Obtained a settlement award for a woman who was not told about the risks of a certain heart medication.

• Post-Surgical Paralysis: Achieved a jury verdict against a neurosurgeon for a patient who suffered partial paralysis following neck surgery.

• Death in Childbirth: Secured a settlement award for surviving family members of a physician who bled to death following childbirth.

When To Suspect Medical Negligence

Before you can address the harm done by medical negligence, you have to know that it has occurred. Sometimes, such as when objects are left behind inside a patient’s body after surgery, operations on the wrong body part or operations on the wrong patient, the negligence is obvious.

Medical malpractice is usually more subtle, however. If you or your loved one has been a victim of medical negligence, you cannot expect the doctor or medical facility involved to be forthcoming with that information. That is why it is critical to know the signs.

Early indicators of medical negligence or malpractice include:

• Unusual or unexpected complications: While medical procedures often come with risks, complications that seem out of the ordinary – life infections following routine surgery or unexpected side effects from prescribed medication – could point to negligence.
• Failure to improve or suddenly worsening conditions: If your condition fails to improve or worsens with treatment, it may be due to misdiagnosis, improper treatment or medication errors.
• Conflicting information from another provider: A second opinion or a consult with a specialist may reveal an improper diagnosis or treatment issues.
• Lack of informed consent: If your provider failed to inform you of the potential risks and alternatives before undergoing any treatment or procedure and you suffered harm, that may also be a form of medical negligence.

Medical negligence can have serious consequences for both victimized patients and their families. Medical malpractice claims cannot restore a victim’s health, but they may be the only way to receive the compensation you or your family needs to move forward. It is important to remember that Delaware’s statute of limitations for medical malpractice claims is generally just two years from the date of injury. A skilled attorney can help you seek the maximum damages from the insurance companies involved.

Understanding Delaware’s “Affidavit Of Merit” Requirement

Delaware does not allow a medical negligence case to be filed without early review by a medical professional. Under Delaware Code Title 18 § 6853, a complaint must be supported by an affidavit of merit. This document confirms that a qualified medical witness has reviewed the records and believes there are valid legal grounds for malpractice in Delaware.

These health care negligence filing requirements are strict. If the affidavit is missing or flawed, the court can dismiss the case. For injured patients, that mistake can be costly.

As experienced hospital negligence attorneys and lawyers for medical negligence, we treat this stage with care. We obtain complete records and consult with physicians who practice in the same field as the provider involved. Their review is direct and honest, free from outside pressure.

Our approach at the affidavit stage includes:

• Independent physician review: We provide full medical records to a doctor with similar training to the defendant, so the opinion reflects real-world standards of care. This helps ensure the affidavit is grounded in daily medical practice, not theory.
• Clear causation analysis: We confirm not only that a mistake occurred, but that it directly caused harm. This important link between error and injury is critical under Delaware law.

Meeting the affidavit requirement is only the beginning. Strong cases are built on preparation and credible medical expert testimony. Insurance companies respond differently when they see that a claim has already been reviewed and supported by respected medical professionals.

At Young Conaway Stargatt & Taylor, LLP, we also focus on the broader legal foundation of the claim that includes:

• Thorough record investigation: We look for missed diagnoses, surgical errors, medication mistakes and failures to warn. Each issue is measured against accepted standards of care.
• Early strategic case development: From the start, we prepare each matter as if it may proceed to trial. That preparation often places our clients in a stronger position during settlement discussions.

As dedicated medical negligence attorneys, we view the affidavit requirement as the first test of a case’s strength. This comprehensive support is why families across Delaware have relied on us since 1959 to find the answers they deserve.

By carefully and completely addressing the affidavit requirement, we protect our clients’ rights and position their claims for meaningful recovery. We treat your story with the individualized attention it deserves, ensuring no detail of your injury is overlooked.

Recovering from a Medical Negligent Injury

If you or a loved one has experienced a medical error, you should consult with an attorney. A matter involving medical negligence needs to be filed in Delaware courts within two years after the date of the injury. For more questions on your injury related to a surgical mistake, please contact us for a FREE consultation at 302-298-0370.