How Medical Malpractice Works in Delaware

Medical malpractice is not a pleasant experience for anyone and can make returning to the doctor a stressful experience, especially if you are not offered the compensation you deserve. Collecting evidence for a medical malpractice case in Delaware can be a complicated process with several steps. Going up against the hospital’s legal team can be even more overwhelming. Be sure to talk to a Delaware medical malpractice lawyer for guidance in this process. 

TYPES OF MEDICAL MALPRACTICE

The main trick to figuring out whether you have a medical malpractice case is understanding the differences between system errors, adverse events, and negligence. System errors are simply defined as genuine unintended human mistakes. Doctors and health care professionals are only human and cannot be held liable for a human error because the error was not committed on purpose. An example of this would be misreading someone’s writing.

Adverse events are unpredictable errors that can happen during medical emergencies. Unknown allergies to certain medications that spike severe allergic reactions are one example. As long as the standard of care was upheld to protect the patient from harm, the health care professional cannot be sued. 

However, a health care professional can be sued when negligence is involved. When it comes to medical malpractice, negligence means the doctor or nurse intentionally failed to uphold the standard of care for the medical profession. This can mean doing intentional harm to a patient, but can also mean failing to accurately diagnose a patient. Missing a serious medical condition, leaving surgical instruments inside a patient, and delaying treatment are common examples of negligence. 

DELAWARE STATUTE OF LIMITATIONS

Knowing the Delaware statute of limitations for filing a medical malpractice lawsuit is vital for obtaining the compensation you need. Delaware requires patients to file a malpractice lawsuit within two years after the injury was sustained. This means waiting longer than two years could mean you will lose the right to file a lawsuit. Latent injuries are given three years before the right to sue expires.

Proving medical malpractice is the next step after deciding to file a lawsuit. Talking with a lawyer about this can make the process smoother. The main aspects you will need to prove involve the existence of a patient-doctor relationship, a breached standard of care, and the injuries or damages you suffered. Lastly, you will need to prove the existence of a relationship between the breached standard of care and the damages you suffered. 

Depending on the type of injury you suffered and how the injury occurred, finding evidence for these various aspects can be difficult without proper resources. 

MEDICAL MALPRACTICE LAWYER IN DELAWARE

Navigating through the legal process of a medical malpractice case can be a tedious and overwhelming process depending on the complexity of what happened. Consider hiring an experienced Medical malpractice attorney in Delaware if you have questions or concerns about what steps you need to take. You can call Edelstein Martin & Nelson at (302) 295-5050 for a free consultation today. Our office is located in Wilmington, Delaware.