LawSmart.com

Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?

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 action for personal injury or death arising out of medical negligence must be brought within two years from the date of injury. In the event of personal injury (not death), if the claimant could not, in the exercise of reasonable diligence, have discovered the injury during that twoyear period, the claimant has three years from the date of injury to file a lawsuit. A minor under the age of six has until the latter of the twoyear time limit or by the child`s sixth birthday.

Other Delaware Medical Malpractice FAQs

Q: 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
Q: Who Can Be Held Accountable For The Medical Malpractice?
A: Generally, a medical malpractice claim can be brought against a licensed health care provider. This can include a person, corporation, facility or institution licensed … More
Q: 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
Q: 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
Q: 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
Q: 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
Q: 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
Q: 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
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