Dover Medical Malpractice Lawyers

Medical malpractice in Delaware refers to situations where a medical professional or healthcare provider’s actions or inactions deviate from the accepted standard of care, and this deviation results in harm or injury to a patient. The standard of care is the level of care a reasonably competent healthcare provider would provide under similar circumstances.

Proving Medical Malpractice In Delaware

In Delaware, medical malpractice claims are typically pursued through civil lawsuits. To establish a medical malpractice claim, the plaintiff (the injured patient or their representative) must prove the following elements:

1. Duty: The healthcare provider had a duty to provide care to the patient.
2. Breach: The healthcare provider breached the standard of care by failing to provide care that was reasonably skillful, careful, and diligent.
3. Causation: The healthcare provider’s breach of the standard of care caused the patient’s injuries.
4. Damages: The patient suffered harm or injury as a result of the healthcare provider’s breach of the standard of care.

Suppose a plaintiff successfully proves all of these elements. In that case, they may be entitled to damages, which may include compensation for medical expenses, lost wages, pain and suffering, and other losses resulting from the malpractice.

It’s important to note that Delaware has certain procedural requirements and deadlines that must be followed when pursuing a medical malpractice claim, including the requirement to submit a certificate of merit from a qualified medical expert attesting to the validity of the claim. If you believe you or a loved one may have been the victim of medical malpractice in Delaware, it’s important to consult with an experienced attorney who can guide you through the process.