Who Can Be Held Accountable For The Medical Malpractice?
Generally, a medical malpractice claim can be brought against a licensed health care provider. This can include a person, corporation, facility or institution licensed by the state to provide health care or professional services, or an officer, employee, or agent thereof acting in the course and scope of his employment. A claim can be brought against physicians, dentists, nurses, therapists, hospitals, and pharmacists, among others. A physician commits medical malpractice if he fails to act in the same manner a reasonably careful physician in the same field of medicine would act under the same circumstances. Nurses, therapists and other health care providers, and the hospitals or clinics they work for, can be held responsible for their failure to meet accepted standards of care in their particular field. In Delaware, hospitals have been held liable for the negligence of their independently contracted physicians.
There may be more than one cause of an injury. When the negligent conduct of two or more parties contributes concurrently as causes of an injury, each party shall be liable to the claimant for the entire judgment, regardless of his degree of negligence.
Other Delaware Medical Malpractice FAQs
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How Do I Know If My Injury Constitutes Medical Malpractice?
A: Medical professionals are not expected to be infallible and there may be poor results from treatment that do not amount to malpractice. Medical professionals are … More -
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Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
A: Yes, there is and that time limit is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. An … More -
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How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More -
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What Damages Can Be Recovered For Medical Malpractice?
A: You can recover your actual economic losses such as the costs of reasonable and necessary medical care, rehabilitative services, costs of domestic services, and loss … More -
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What Happens If I Am Injured In The Course Of Medical Treatment?
A: If a medical professional makes an error that results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to … More -
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Anesthesia Negligence
A: Injury may occur when anesthesia is improperly given or not given in a timely manner to a patient. Medical malpractice is essentially the failure of a health care … More -
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Asthma/Respiratory Illnesses
A: Asthma may occur in one life anywhere childhood to adulthood. Improper treatment of asthma could include the failure of the physician to place the patient on an … More -
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Birth Defects Or Injuries
A: Most births and deliveries are handled appropriately by medical care professionals. However, medical negligence can occur during pregnancy. Sometimes physicians may … More -
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Misdiagnosis
A: Medical malpractice is essentially the failure of a medical provider (including doctors, pharmacists, radiologists, laboratory technicians and doctors) to use … More -
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Nuclear Medicine (Cat Scans And Mri's)
A: CAT (computer axial tomography) Scans and MRI's (magnetic resonance imaging) save thousands of lives each year by detecting problems in their earliest stages and in … More