Delaware Medical Malpractice Laws

If the injury was unknown and could not have been discovered through reasonable diligence, the claim may be filed up to 3 years from the date of the malpractice. Three years is the absolute cutoff.

When the injured patient is a child under 6 years old, the filing deadline is the later of 2 years from the date of the medical error or the child's 6th birthday.

A plaintiff may toll (pause) the statute of limitations for 90 days by sending a written notice of intent to investigate to each defendant by certified mail, return receipt requested.

Delaware does not cap compensatory damages in medical malpractice cases. You can recover the full amount of damages you are able to prove.

Punitive damages are available with evidence of willful or reckless disregard. Delaware does not impose a statutory cap on punitive damages in medical malpractice cases.

The complaint must be accompanied by an affidavit of merit signed by a qualified medical expert stating there are reasonable grounds to believe the defendant committed medical malpractice. The expert's current curriculum vitae must also be included.

The expert signing the affidavit must be licensed to practice medicine and, in the 3 years preceding the alleged negligent act, must have been engaged in treatment of patients or teaching in the same or similar field as the defendant. The expert must be board certified in the same or similar field if the defendant is board certified.

Delaware's comprehensive medical malpractice statute governing filing requirements, expert testimony, affidavit of merit obligations, and limitation periods for healthcare negligence claims.

A healthcare provider has a duty to inform the patient of the nature of the proposed treatment, alternative treatments, and material risks. Failure to obtain informed consent can form the basis of a malpractice claim.