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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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Death and Serious Injury Caused by Preventable Medical Error

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