In Delaware, determining whether to sue a hospital or an individual healthcare provider for medical malpractice requires a clear understanding of the facts and legal framework. Delaware law dictates that claims of medical negligence must meet stringent standards, including expert testimony and evidence of a breach in the standard of care.
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare professional’s failure to meet accepted standards of care results in patient harm. Examples include surgical errors, misdiagnoses, or prescribing the wrong medication. Under Delaware law, proving malpractice involves demonstrating that the healthcare provider deviated from standard care, causing injury and that the resulting harm led to significant damages. Delaware law also requires plaintiffs to file an affidavit of merit from an expert before proceeding with the lawsuit.
Who Can Be Sued in a Medical Malpractice Case?
In Delaware, both hospitals and individual healthcare providers may be held accountable for malpractice, depending on the circumstances. If the negligence was due to a systemic issue at the hospital (such as understaffing or poor safety protocols), the hospital itself may be liable. However, if the harm resulted from a healthcare provider’s negligence (e.g., a surgical error), the individual provider may be sued. It’s essential to consult an attorney to determine the appropriate defendant.
Suing a Hospital
Hospitals may be liable when harm is caused by employees like nurses or technicians or by institutional failures such as poor safety practices. However, hospitals may defend themselves by arguing that the fault lies with individual providers rather than the institution. Delaware law requires plaintiffs to present a strong case, supported by expert testimony and evidence, to overcome these defenses.
Suing an Individual Healthcare Provider
Individual providers may be held responsible for malpractice if their actions fall below the standard of care. For instance, a surgeon operating on the wrong body part or a physician failing to diagnose a serious condition could face legal action. Delaware law mandates that an expert in the relevant field must sign an affidavit of merit to support the claim. Suing individual providers involves navigating complex medical evidence and procedural requirements.
What Are the Chances of Winning a Medical Malpractice Claim?
Winning a malpractice claim depends on several factors, including the strength of evidence, expert testimony, and the skill of legal representation. Delaware law requires plaintiffs to prove that the healthcare provider’s breach of duty directly caused harm and that this harm led to substantial damages. Hospitals and providers often have experienced legal teams and insurance companies defending them, making it crucial for plaintiffs to have strong representation.
The Benefits of Legal Representation in Medical Malpractice Cases
Given the complexity of Delaware’s medical malpractice laws, plaintiffs benefit from experienced legal representation. An attorney can ensure that all procedural requirements are met, gather necessary evidence, and build a strong case. At Schmittinger & Rodriguez, we provide personalized attention to each case and are dedicated to achieving justice for those harmed by medical negligence.
Taking the Next Step
For Delaware patients harmed by medical negligence, determining the best legal course, whether to sue a hospital or an individual provider, is essential. Consulting with a skilled medical malpractice attorney ensures that patients navigate the legal process effectively and increases their chances of securing fair compensation. To learn more about your options, contact Schmittinger & Rodriguez at (302) 674-0140.
