Medical Malpractice:

Delaware

State: Delaware

Link to State Law: Unofficial Delaware Code

The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to Delaware state law, contact an experienced attorney.

Statute of Limitations: 2 years from the date of the injury; 3 years from the time the injury was or should have been discovered if the injury was not or could not have been reasonably known. If below the age of six, a child must file within two years or before his or her sixth birthday, whichever is greater. (§18.6856)

Minimum Qualifications of Expert Witnesses: Unless the panel determines that the negligence of the defendant caused the injury, an expert is needed to establish that the standard of care was breached. Expert medical malpractice witnesses must have knowledge of a medical field similar to that of the defendant and the standard of care for a similar locality. (§18.6853-6854)

Limitations on Monetary Damages: There is no set limit on monetary medical malpractice damages. However, punitive damages may only be awarded upon the proof of malicious intent to injure or willful or wanton misconduct. (§18.6855)

Limitations on Attorney Fees: Limitations on attorney fees are on a sliding scale. Fees must not exceed 35% of the first $100,000, 25% of the next $100,000, and 10% of damages exceeding $200,000. (§18.6865)

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