$ millions
recovered For our clients
You Deserve Compensation FOR MEDICAL NEGLIGENCE
You may be entitled to compensation if you or a loved one have been injured due to medical negligence in Milford, DE. At Schmittinger & Rodriguez, our experienced medical malpractice lawyers are dedicated to helping victims of medical errors obtain the justice they deserve.
We understand that experiencing medical malpractice can be a traumatic and overwhelming experience. Our team is committed to providing compassionate and personalized legal representation to guide you through the legal process. With years of experience and a proven track record of success, we have helped countless clients recover millions of dollars in settlements and verdicts.
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Understanding Delaware's Medical Malpractice Law
Delaware law outlines specific requirements for a valid medical malpractice lawsuit. To have a successful medical malpractice claim, you must prove the following elements:
Duty of Care: The healthcare provider has a professional duty to provide care to you.
Breach of Duty: The healthcare provider failed to meet the standard of care expected of a similar professional in the same circumstances.
Causation: The healthcare provider’s negligence directly caused your injuries.
Damages: You suffered harm as a result of the negligent medical professional.
Common Types of Medical Malpractice
Medical malpractice can occur in various forms. 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 healthcare professional fails to correctly identify or treat a medical condition, leading to serious consequences. Examples of valid lawsuits include:
A doctor misdiagnosing a heart attack as acid reflux, resulting in a delayed treatment that leads to permanent heart damage.
A radiologist failing to detect a cancerous tumor on an X-ray, causing the cancer to spread.
Surgical Errors
Surgical errors can occur during any stage of a surgical procedure, from the preoperative planning to the postoperative care. Examples of surgical errors include:
Leaving a foreign object, such as a surgical sponge or instrument, inside a patient’s body after surgery.
Performing the wrong procedure on a patient.
Causing damage to nearby organs or tissues during surgery.
Medication Mistakes
Medication mistakes can occur when a healthcare provider prescribes the wrong medication, administers the wrong dosage, or fails to monitor a patient’s response to medication. Examples of medication mistakes include:
A pharmacist dispensing the wrong medication to a patient.
A nurse administering an overdose of a medication.
A doctor failing to monitor a patient’s blood levels for a prescribed medication.
Birth Injuries
Birth injuries can occur during pregnancy, labor, or delivery. Examples of birth injuries include:
Brain damage caused by oxygen deprivation during birth.
Fractures or other physical injuries sustained during delivery.
Cerebral palsy caused by medical negligence during pregnancy or delivery.
Anesthesia Errors
Anesthesia errors can occur during the administration of anesthesia or the monitoring of a patient’s response to anesthesia. Examples of anesthesia errors include:
Overdosing a patient on anesthesia, leading to respiratory depression or cardiac arrest.
Failing to monitor a patient’s vital signs during anesthesia, resulting in complications.
Hospital Negligence
Hospital negligence can occur when a hospital fails to provide adequate care or maintain safe conditions for its patients. Examples of hospital negligence include:
Failing to prevent the spread of hospital-acquired infections.
Failing to provide adequate staffing or equipment.
Failing to properly monitor patients.
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, medical professionals must have breached their duty of care to a patient, which directly caused the patient’s injuries. This requires proving that the healthcare provider 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, you will typically need to gather the following evidence:
Medical records: These records can provide documentation of your treatment, diagnosis, and prognosis.
Expert testimony: You may need to obtain expert testimony from a medical professional who can testify that the healthcare provider breached the standard of care.
Witness testimony: Witnesses who can corroborate your version of events may also be helpful.
Understanding the Compensation You May Be Entitled to in a Medical Malpractice Lawsuit
If you are successful in your medical malpractice lawsuit, you may be entitled to compensation for your injuries and losses. This financial compensation can include:
Medical Expenses
You may be entitled to compensation for your past and future medical expenses, including the cost of treatment, medications, hospitalization, rehabilitation, and medical devices.
Lost Wages
If your injuries have prevented you from working, you may be entitled to fair compensation for your lost wages. This can include both your past and future lost earnings.
Pain and Suffering
You may also be entitled to compensation for the physical and emotional pain and suffering you have experienced as a result of your injuries. This can include fair compensation for your physical pain, mental anguish, loss of enjoyment of life, and other intangible losses.
Why Choose Schmittinger & Rodriguez
At Schmittinger & Rodriguez, we are committed to providing aggressive and compassionate legal representation to injury victims of medical malpractice. Our experienced medical malpractice attorneys have a proven track record of success in handling complex medical malpractice cases. We understand that these cases can be emotionally draining, and we are here to support you every step of the way.
When you choose Schmittinger & Rodriguez, you can expect:
Experienced attorneys: Our attorneys have the knowledge and experience to handle complex medical malpractice cases.
Personalized attention: We will work closely with you to understand your unique situation and develop a customized legal strategy.
Aggressive representation: We will fight tirelessly to obtain the maximum compensation you deserve.
Contingency fee arrangement: You won’t owe us any fees unless we recover compensation for you.
If you believe you have been a victim of medical malpractice in Milford, DE, don’t hesitate to contact Schmittinger & Rodriguez for a free consultation. We can evaluate your case and advise you on your legal options.