Due to the complexity surrounding many medical malpractice laws in Delaware, those who make themselves aware of these laws can increase their chances of success when attempting to win a case. Any time the standards of medical care are breached by a medical professional and injury occurs, medical malpractice becomes an issue.
Statute of Limitations
Individuals have two years starting on the date in which the injury occurred or three years after the discovery of the injury if it was not visible or noticeable to file a claim.
Damage Award Limits
There is currently no limit on damage awards; however, plaintiffs can only receive punitive damages if unethical or detrimental behavior occurred.
Joint Defendant Liability
Liability cannot be separated between defendants in the state of Delaware.
In order to be considered an expert witness the individual must be knowledgeable in a field that corresponds to the defendant’s specialty or field.
The cap on attorney fees is dependent upon awarded damages and currently exists on a sliding scale.
Malpractice Damages Limits
Delaware differs from other states in that there are no limits placed on the amount of compensation received for damages from medical malpractice. Punitive damages are only awarded if malicious or unethical behavior occurred.
Collateral Source Rule
The collateral source rule states that a defendant cannot attempt to decrease their liability by proving that he or she received compensation from an outside source, such as an insurance company. However, this information is allowed to be entered in the case as evidence.
Delaware does limit the amount of money an attorney can receive from a medical malpractice case. In general an attorney can collect 35% of the first $100,000, 25% of the subsequent $100,000 and 10% of all other awards received. If the plaintiff dies before he or she can receive the total award, compensation will still be received.
Delaware - News Articles
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