How Do I Know If My Injury Constitutes Medical Malpractice?
To prove that a physician or other health care provider has been negligent, the patient must introduce evidence showing that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider. The standard of skill and care required of every health care provider in rendering professional services or health care to a patient is defined as that degree of skill and care ordinarily employed in the same or similar field of medicine as defendant, and the use of reasonable care and diligence.
It is important to note that medical malpractice claims are very difficult to prevail in. In an effort to prevent cases from advancing to litigation, Delaware established a system of mandatory malpractice review panels to advise the court on whether the evidence supports a conclusion that the defendant failed to comply with the standard of care. Expert testimony is generally required to establish a claim for medical malpractice unless the medical negligence review panel`s findings of negligence can be introduced into evidence, or when the injury is caused by a foreign object left in the body or by surgery on the wrong body part. These types of actions are also extremely expensive partly due to the need for qualified expert review and testimony. Whether or not you have a good case depends on the professional judgment of attorneys and medical experts. If you are told that you do not have a case with merit, you should seek another opinion from one or more other attorneys.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Medical Malpractice Articles
- Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
- Who Can Be Held Accountable For The Medical Malpractice?
- How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
- What Damages Can Be Recovered For Medical Malpractice?
- What Happens If I Am Injured In The Course Of Medical Treatment?
- Anesthesia Negligence
- Asthma/Respiratory Illnesses
- Birth Defects Or Injuries
- Nuclear Medicine (Cat Scans And Mri's)
- Nursing Home Injuries And Negligence
- Obtaining Informed Consent
- Pharmacist Malpractice
- Psychiatric Or Psychological Malpractice
- Is Arbitration Mandatory?
- What Are Typical Attorneys' Fees?
- What Is Contributory Or Comparative Negligence?
- Are There Damage Caps In Delaware?
- Does Delaware Mandate The Collateral Source Rule?