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Delaware Medical Malpractice FAQs

  • Q: Misdiagnosis
    A: Medical malpractice is essentially the failure of a medical provider (including doctors, pharmacists, radiologists, laboratory technicians and doctors) to use … More
  • Q: 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
  • Q: Nursing Home Injuries And Negligence
    A: Injuries suffered by residents of nursing homes may be recoverable under applicable state laws for medical malpractice. When health care providers fail to provide … More
  • Q: Ob-Gyn
    A: OB or obstetrics malpractice may include failure of the obstetrician to properly perform his or her duties including failure to perform the proper laboratory tests, … More
  • Q: Obtaining Informed Consent
    A: Medical procedures including surgery, some types of injections including injections for chronic pain control, require that you sign a consent form. In some instances … More
  • Q: Pharmacist Malpractice
    A: Medical malpractice is the failure of a Health care provider, including pharmacists and pharmacy technicians, to treat his or her patient with a reasonable degree of … More
  • Q: Psychiatric Or Psychological Malpractice
    A: These types of malpractice include failure to diagnose a specific problem resulting in harm to the patient or others. The committing of suicide, death or injury of … More
  • Q: Is Arbitration Mandatory?
    A: Delaware has an established system of mandatory malpractice review panels that is designed to cut down on cases going to litigation. The panel's negative opinion is … More
  • Q: What Are Typical Attorneys' Fees?
    A: Delaware limits the amount attorneys may collect as a contingency fee in connection with medical malpractice claims to 35 percent of the first $100,000 in damages, 25 … More
  • Q: What Is Contributory Or Comparative Negligence?
    A: Delaware has adopted the modified doctrine of comparative negligence. Under this doctrine, if a claimant's negligence exceeds the combined negligence of all … More
  • Q: Are There Damage Caps In Delaware?
    A: Delaware does not place a limit on the damages a claimant may recover.
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