Medical Malpractice

As a Delaware malpractice law firm, we help people who've been injured by the negligence of doctors, hospitals, diagnostic test facilities, and other health care providers. We also assist lawyers in other firms who have medical malpractice cases and wish to benefit from our experience and expertise.

If you believe you've been the victim of medical negligence and you'd like us to evaluate your case or answer any questions you have, we look forward to hearing from you.

When you file a medical malpractice lawsuit in Delaware, the law requires that your claim be supported by expert medical testimony that there's been a deviation from the standard of care which caused your injuries. Like most rules, there are exceptions to the rule requiring expert testimony when a foreign body is left in a patient's body, when an explosion or fire occurs during treatment, or when surgery is performed on the wrong patient or the wrong organ.

The standard of care that Delaware law requires every health care professional to provide is "the degree of skill and care ordinarily employed in the same or similar field of medicine as the defendant, and the use of reasonable care and diligence."

At the time your lawsuit is filed, we must submit an affidavit of merit signed by our expert witness that sets forth the expert's opinion that there are reasonable grounds to believe the applicable standard of care was breached by the defendant and that the breach was a proximate cause of your injuries.

In Delaware, you must file your lawsuit within the 2-year statute of limitations. There's a method available that extends the statute an additional 90 days so you have additional time to investigate the claim. If your injury is considered "inherently unknowable" and therefore could not have been discovered through reasonable diligence within this 2-year period, then the statute of limitations is 3 years from the date of the injury. Unfortunately, under the law as it now stands, if you have an inherently unknowable injury and you fail to discover it within 3 years, your claim will be forever barred by the statute of limitations.

When you consult with our firm, the first step is for us to consider (1) whether there may have been medical negligence and (2) whether that negligence was the cause of your injuries. We will of course want to hear all of the facts from you, and we will want to review your medical records. Assuming we believe you may have a case, the next step is for us to send your medical records to one or more doctors so we can obtain their thoughts on the issues of standard of care and causation.

The kinds of medical negligence cases we handle include:

  • Serious Medical Errors
  • MRSA Infections
  • Bed Sores
  • Birth Injuries & Cerebral Palsy
  • Medication mistakes
  • Surgical Mistakes
  • Cancer Misdiagnosis
  • Failure To Diagnose
  • Hospital Negligence
  • Nursing Home Negligence

A major study known as the "Health Grades Patient Safety In American Hospitals Study" found that every year, an average of 195,000 people die in hospitals as a result of preventable medical mistakes. According to a more recent study that came out in July of 2008, 1 out of every 10 patients who died within 90 days of surgery did so due to a preventable error. The study also showed that of these people who died following surgery, 1/3 of the deaths occurred after the patient was discharged from the hospital. Another study showed that medication errors harm more than 1.5 million people each year.

From time to time we receive calls from people who are justifiably angry about the way they were treated by the their doctor or a nurse. At times, these callers tell us they could have died from the poor treatment they received. Being treated rudely does not amount to medical negligence, and the fact that you could have died does not mean that you were actually injured. If you don't have medical negligence and injuries that were caused by the negligence, you may have a reason to complain to a hospital administrator, but you don't have a medical malpractice claim.

No Legal Fees or Expenses Until We Settle Your Case or Win at Trial