What is the potential liability in a medical malpractice case in Delaware?
There is no limit on the amount of damages that a plaintiff may recover in a Delaware medical malpractice case. Therefore, the potential liability for defendants is high. Juries, or judges, may award plaintiffs damages for their out of pocket losses, for their loss of past, current and future income and for their pain and suffering. They may also award punitive damages against the defendant if there was a malicious intent to injure or willful or wanton misconduct.
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