Medical Malpractice Lawsuits in Delaware

Generally, going to the doctor means something is wrong. People trust that doctors will perform to the best of their ability, every single day. Fortunately, in most cases, this is true. However, as doctors are only human, incidents of medical malpractice occur. If you were seeking medical attention and were injured in the process, or your condition was made worse, you may be entitled to compensation. Here are some questions you may have regarding a medical malpractice lawsuit:

What qualifies as medical malpractice?

Simply having your condition worsen after a visit to your physician is generally not enough to qualify for medical malpractice. The main qualifier for medical malpractice is whether your physician breached his or her duty of care by acting negligently. Additionally, to win a medical malpractice case, you will generally have to prove that your physician’s course of treatment failed to conform to the accepted standards of practice. 

Medical malpractice cases are often very expensive and can go on for quite some time. Therefore, you must prove that the medical professional’s negligence has had a significant impact on your daily life. You may submit doctor’s notes, proof of loss of income, disability, significant past and future medical bills, suffering and hardship, or unusual pain.

What are some specific cases of medical malpractice?

There are several different ways in which a medical professional can breach their duty of care. Here is a list of scenarios that may qualify for a valid medical malpractice claim:

  • Misreading or ignoring laboratory results
  • Failure to recognize symptoms
  • Failure to order proper testing
  • Anesthesia errors
  • Surgical errors or wrong-site surgery
  • Unnecessary surgery
  • Premature discharge
  • Disregarding or not accepting appropriate patient history
  • Improper medication or dosage
  • Hospital infections
  • Delayed diagnosis
  • Failure to diagnose or misdiagnosis
  • Poor follow-up or aftercare

What is a statute of limitations?

The statute of limitations for a Delaware medical malpractice case is within two years from the date the cause of action occurred, or within three years, if the injury was reasonably unknown. However, minors must file a claim within the 2-year limitation period unless the minor was younger than six years old at the time of injury. If the minor is younger than six, that minor will have up to his or her 6th birthday, or the 2-year limitation period–whichever is greater.

Contact our Delaware firm

If you or someone you know was involved in a personal injury accident and wishes to speak with a skilled attorney, contact Mattleman, Weinroth & Miller, P.C. today.

MW&M is comprised of an experienced team of attorneys focusing on legal matters of personal injury, workers’ compensation, Social Security Disability, product liability, and wrongful death in Delaware. If you require an effective attorney to guide you through these difficult legal matters, contact MW&M today to schedule a free case evaluation.