In Delaware, a medical malpractice case can be brought against any healthcare provider who provides medical treatment to a patient, including:
The healthcare provider may be held liable if they failed to provide care that met the accepted standard of care, resulting in harm or injury to the patient. It’s important to note that liability in medical malpractice cases is not automatic, and the plaintiff must prove that the healthcare provider breached their duty of care and caused the patient’s injuries. In addition, there may be multiple parties who share liability for the malpractice, including individual healthcare providers, the medical facility, and other involved parties such as medical device manufacturers or pharmaceutical companies.
Delaware follows the doctrine of joint and several liability, which means that each defendant in a medical malpractice case can be held responsible for the full amount of damages awarded, regardless of their individual percentage of fault.
In cases where the healthcare provider is an employee of a medical facility, such as a hospital, the facility may also be held vicariously liable for the actions of their employee. This means that the medical facility may be held responsible for the malpractice even if they were not directly involved in the patient’s care.
In summary, in Delaware, any healthcare provider who provides medical treatment to a patient can be held liable in a medical malpractice case if they breach their duty of care and cause harm or injury to the patient. Liability may also extend to medical facilities and other involved parties.