$ millions
recovered For our clients
You Deserve Compensation FOR MEDICAL NEGLIGENCE
If you or a loved one have been the victim of medical negligence in Georgetown, DE, you may be entitled to financial compensation. At Schmittinger & Rodriguez, our medical malpractice attorneys are dedicated to helping clients like you recover the damages they deserve. We have a proven track record of success and have secured millions of dollars in settlements for our clients.
Understanding Delaware’s Medical Malpractice Law
Delaware law outlines specific requirements for a successful medical malpractice lawsuit. These requirements include:
Duty of Care: The healthcare provider must have a professional duty to the patient.
Breach of Duty: The healthcare provider must have failed to meet the standard of care expected of a similar professional in the same circumstances.
Causation: The breach of duty must have directly caused the patient’s injuries.
Damages: The patient must have suffered actual damages as a result of the healthcare provider’s negligence.
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Common Types of Medical Malpractice
Medical malpractice can take many forms, but some of the most common types of Delaware medical malpractice claims include:
Misdiagnosis or delayed diagnosis
Surgical errors
Medication mistakes
Birth injuries
Anesthesia errors
Hospital negligence
Misdiagnosis or Delayed Diagnosis
A misdiagnosis or delayed diagnosis occurs when a medical professional fails to correctly diagnose a patient’s condition, leading to a delay in treatment or incorrect treatment. Examples of valid lawsuits include:
A doctor misdiagnosing a heart attack as acid reflux, resulting in a delayed diagnosis and serious complications.
A radiologist failing to detect a cancerous tumor on an X-ray, leading to a delayed diagnosis and advanced stage of the cancer.
Surgical Errors
Surgical errors can include mistakes made during the surgery itself, such as leaving a surgical instrument inside the patient, or medical errors in preoperative or postoperative care. Examples of valid lawsuits include:
A surgeon performing the wrong procedure on a patient.
A nurse failing to properly monitor a patient’s vital signs after surgery, leading to complications.
Medication Mistakes
Medication errors can include prescribing the wrong medication, administering the wrong dosage, or failing to provide appropriate warnings about side effects. Examples of valid lawsuits include:
A pharmacist dispensing the wrong medication to a patient, leading to a serious adverse reaction.
A doctor prescribing a medication that is known to interact dangerously with another medication the patient is taking.
Birth Injuries
Birth injuries can occur during pregnancy, labor, or delivery, and can be caused by a variety of factors, including medical negligence. Examples of valid lawsuits include:
A doctor failing to monitor a mother’s labor progress, leading to oxygen deprivation in the baby.
A nurse using excessive force during a forceps delivery, causing brain damage to the baby.
Anesthesia Errors
Anesthesia errors can include administering the wrong dosage of anesthesia, failing to monitor a patient’s vital signs during surgery, or failing to address allergic reactions to anesthesia. Examples of valid lawsuits include:
An anesthesiologist administering too much anesthesia to a patient, leading to respiratory depression.
A nurse failing to recognize and treat an allergic reaction to anesthesia during surgery.
Hospital Negligence
Hospital negligence can include failures in any aspect of hospital care, such as inadequate staffing, poor sanitation, or violations of patient safety protocols. Examples of valid lawsuits include:
A hospital failing to prevent the spread of a contagious disease due to inadequate sanitation.
A hospital failing to provide adequate supervision of a patient who is at risk of self-harm.
Contact Schmittinger & Rodriguez
Don’t wait to secure the representation and support you need to navigate your medical malpractice claim. Contact Schmittinger & Rodriguez today for a free consultation, where our experienced attorneys are ready to listen to your story, evaluate your case, and discuss how we can assist you in achieving the justice and compensation you rightfully deserve. Take the first step towards your recovery and peace of mind by calling us now. Your path to justice is just a phone call away. Schmittinger & Rodriguez is fully prepared to offer expert legal assistance to the community, emphasizing our commitment to serving the local area with trusted and dedicated legal solutions.
What Our Clients Say
Kevin Smith2025-02-28 Dianna Stuart, from the law firm of Schmittinger and Rodriguez provided legal representation for me in November 2024. She did not disappoint. I was concerned about many things when I initially spoke with her. I was anxious and very worried about my situation because my job was in jeopardy. When I talked to her, I could see that she was very knowledgeable. While she didn’t tell me what I wanted to hear so that I would feel better about my situation, she did explain to me the good, the bad and the ugly of my case. Nonetheless; the confidence in her demeanor let me know that she was going to fight for me. It sustained me through my court date. I knew that she was the one to represent me leading up to my case hearing. She would stay in contact and answer any questions that I may have had. On February 25, 2025, I left the court house elated of the outcome of my case. I will highly recommend Dianna to all of my friends and family who may need a good attorney. Thank you Dianna Pam Tijerino2025-02-27 I want to thank my lawyer Mr. Schmittinger for all the hard he and his paralegal did to win case. I appreciate him for his excellence and performance as a great lawyer and gets the job done well. If you need help in your work comp situation he is the one to get it done. I'm deeply grateful for him. Thank you so much. Busra Kangal2025-02-10 I had the pleasure of working with this law firm on two separate occasions, and I couldn’t be more impressed with their professionalism, dedication, and the outstanding service they provided. My first experience was after a car accident in 2019, and then again after another accident in 2020. Both times, the team went above and beyond to ensure I received the best possible representation and compensation. In particular, Mr. Junge, the attorney I worked with, was outstanding. From our initial consultation, he made me feel at ease by taking the time to thoroughly explain the legal process, answer all my questions, discuss the details regarding the accident. His expertise and attention to detail were evident every step of the way, and I always felt confident that my case was in capable hands. Additionally, Chantel Smith, the paralegal, was absolutely amazing. She was incredibly organized, efficient, and always had a positive attitude. She made sure that all the paperwork and documentation were in order and kept everything on track throughout both cases. Whenever I had a question or needed assistance, Chantel was quick to respond and offered clear, helpful guidance. Her professionalism and support were invaluable in navigating this process. Thanks to their hard work and expertise, both of my cases were handled smoothly and successfully, and I am incredibly grateful for their help. I would highly recommend this law firm to anyone in need of personal injury representation. Mr. Junge and Chantel are truly a dream team, and I’m so thankful for their dedication to achieving the best outcome for me. Elizabeth Evans2025-02-01 Mrs. Stuart really went above and beyond to represent a family member of mine. Communication was excellent and fees were reasonable. Representation was professional and effective. Definitely recommend for services. Thank you! Samantha Boesenberg2025-01-31 Extremely professional and always kept me up-to-date and informed. Highly recommend! Elijah Bailey2025-01-31 Great team work good communication you will be highly recommendGoogle rating score: 4.5 of 5, based on 112 reviews
Most Common Questions
What qualifies as medical malpractice in Delaware?
To qualify as medical malpractice in Delaware, a healthcare professional must have breached their duty of care to a patient, and that breach must have directly caused the patient’s injuries. This means that the healthcare provider must have failed to meet the standard of care expected of a similar professional in the same circumstances.
What evidence is needed to prove medical malpractice?
To prove medical malpractice in Delaware, you will need to gather evidence to demonstrate that the healthcare provider breached their duty of care and that this breach caused your injuries. This evidence may include:
Medical records
Expert testimony from medical providers
Witness statements
Photographs or other documentation
Understanding the Compensation You May Be Entitled to in a Medical Malpractice Lawsuit
If you have been an injury victim of medical malpractice in Delaware, you may be entitled to compensation for your injuries and losses. This fair compensation may include:
Medical Expenses
You may be entitled to compensation for the cost of your medical treatment, including:
Hospital bills
Doctor’s fees
Medications
Physical therapy
Surgery
Lost Wages
If your injuries have prevented you from working, you may be entitled to compensation for your lost wages. This includes both your current earnings and any future earnings that you may have lost due to your injuries.
Pain and Suffering
You may also be entitled to compensation for the physical and emotional pain and suffering that you have experienced as a result of your injuries. This can include pain, discomfort, loss of enjoyment of life, and emotional distress.
Why Choose Schmittinger & Rodriguez
At Schmittinger & Rodriguez, we are committed to providing our clients with the highest quality legal representation. A Delaware medical malpractice attorney has the knowledge and skills to handle even the most complex medical malpractice cases. We work on a contingency fee basis, which means you pay no legal fees unless we recover compensation for you.
If you believe you have been the victim of medical malpractice, contact us today for a free initial consultation. We will evaluate your medical malpractice claim and advise you on your legal options.