Dover Medical Malpractice Lawyers

NO FEE UNLESS WE WIN

$10,000,000+

Recovered For our clients

You Deserve Compensation For Someone Else's Negligence

Schmittinger & Rodriguez understand the medical malpractice claims faced by patients and their families. Our law firm and its medical malpractice attorneys have extensive knowledge and experience in medical negligence cases, which makes them exceptional advocates for those suffering from medical mistakes.

At Schmittinger & Rodriguez, we specialize in medical malpractice cases involving doctors and other healthcare professionals who fail to meet the standard of care required of them. We hold medical providers accountable when they fail to provide reasonable medical care that results in injury or death to a patient. Our medical malpractice lawyers will fight for justice on behalf of individuals harmed due to medical errors.

We understand that seeking legal representation can be overwhelming and intimidating, so our attorneys take the time to explain what qualifies as medical malpractice and how we can help. Our priority is securing justice for those harmed by medical negligence. If you believe you or a loved one has been the victim of medical malpractice, please contact Schmittinger & Rodriguez. Our medical malpractice lawyers are ready to hear your case and provide the legal support you need. YOUR CASE. OUR PRIORITY.

What Is Medical Malpractice
In Delaware?

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.

Get Started Today

Contact Schmittinger & Rodriguez

If you have been injured due to someone else’s negligence, don’t hesitate to contact Schmittinger & Rodriguez. Our experienced attorneys will provide you with the legal counsel and representation that you need to get the best possible outcome for your case. Contact us today for a free consultation – YOUR CASE. OUR PRIORITY.

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What Our Clients Say

Brian Jenkins
2023-10-05
Mr Catts went above and beyond to handle my complicated case. The level of professionalism is second to none. The staff and Mr. Catts were kind, courteous, and listened to my concerns with compassion. I would recomend this firm to anyone needing legal help. They earned my trust in am amazing way.
Linda Wilson
2023-10-04
Mr Catts and his legal team went above and beyond for me. They never stopped pursuing all avenues to get the compensation that I deserved. The staff was courteous and showed compassion. I felt like they really cared about my injuries. I highly recommend their services to anyone
Tatiana Sida-Amor
2023-09-17
I was recommended to this law office by my doctor after my car accident in the summer of 2021. I ended up working with Mr. Catts. I appreciate how forthcoming and hardworking he was about my case. The office is extremely professional to ensure that I got the best settlement that I could get. The open communication eased my mind and allowed me to handle things I needed to for myself. Definitely recommend them if you want lawyers that give you results.
Kathyjo Mays
2023-09-07
I recommend them highly and have referred them to many of my friends and family. Very informative and def kept me up to date about my case. Schmittinger & Rodriguez def worked very hard for me.
Mary Zober
2023-09-06
The staff is friendly and makes you feel comfortable. The firm worked on getting my settlement and kept me informed every step of the way.
Sharonda goode
2023-08-15
Great experience! Doug Catts, Ryan and Ms. Kaye are awesome to work with. Very professional, friendly & knowledgeable. They are expensive. But get the job done & in a timely manner. I use Mr. Catts for all my legal needs.
Hot Box237
2023-08-15
I will recommend this lawyer to any one, I feel like crying. He is kind, patient and a good listener. He solved your problem and at the end advice you. Thank you very much.
Cheryl Rowe
2023-08-15
Doug is personable…assertive and he will get the job done!
Patsy Ware
2023-08-14
Schmittinger and Rodriquez attorney Doug Catts is the best, I highly recommend him. As an attorney he is forthright, honest, transparent and sincere. Doug Catts and his staff are amazing.

Common Medical Malpractice Injuries

At Schmittinger & Rodriguez, we are dedicated to helping medical malpractice victims get the compensation they deserve. We handle medical negligence cases involving:

  • Misdiagnosis or failure to diagnose

  • Birth injuries

  • Improper treatment

  • Surgical errors

  • Anesthesia errors

  • Emergency room errors

  • Wrongful death

We understand that medical malpractice cases are complex and require a thorough investigation of medical records and testimony from medical experts. Our attorneys have the experience and resources necessary to guide clients through this process and achieve the best outcome for their cases.

Timeframe To File A Medical Malpractice Claim

In Delaware, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date of the alleged malpractice. However, there are exceptions to this rule, such as in cases where the injury was not immediately apparent, or where the patient was under the age of 18. Therefore, it is important to seek the advice of an experienced medical malpractice attorney as soon as possible in order to ensure that your claim is filed within the applicable statute of limitations.

Damages That Can Be Recovered

In Delaware, damages that can be recovered in a medical malpractice case include both economic and non-economic damages.

Economic damages refer to the financial losses that the plaintiff incurred as a direct result of the malpractice, such as medical expenses, lost wages, and future medical care. These damages can be quantified and calculated with relative ease.

Non-economic damages, on the other hand, refer to the intangible losses that the plaintiff has suffered, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. These damages are often more difficult to calculate because they are subjective and vary from case to case.

Overall, the damages that can be recovered in a medical malpractice case in Delaware will depend on the specific facts and circumstances of the case, as well as the strength of the evidence presented.

Who Can Be Held Liable In A Medical Malpractice Case

In Delaware, a medical malpractice case can be brought against any healthcare provider who provides medical treatment to a patient, including:

  • doctors

  • nurses

  • dentists

  • chiropractors

  • hospitals

  • clinics

  • physician assistants

  • medical professionals

  • medical facilities

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.

medical malpractice cases in delaware

Do I Need A Medical Expert Witness?

In Delaware, a medical expert witness is typically required in a medical malpractice case. This is because medical malpractice cases involve complex medical issues that are beyond the understanding of a layperson, and require expert testimony to establish the accepted standard of care and whether the healthcare provider breached that standard.

In order to establish a medical malpractice case in Delaware, the plaintiff must prove that the healthcare provider’s actions or inactions deviated from the accepted standard of care and caused harm or injury to the patient. This requires demonstrating what a reasonably competent healthcare provider would have done under similar circumstances. To establish this, the plaintiff must present testimony from a qualified medical expert who can provide an opinion as to the standard of care and whether the defendant breached that standard.

In Delaware, the expert witness must be licensed to practice medicine in the United States or have expertise in the same area of medicine as the defendant’s healthcare provider.

Overall, in Delaware, a medical expert witness is necessary to establish the standard of care and whether the healthcare provider breached that standard, and is, therefore, an essential element of a medical malpractice case. It’s important to work with an experienced attorney who can help you find a qualified expert to support your case.

What Makes A Lawyer A Good Medical Malpractice Lawyer?

A good medical malpractice lawyer in Delaware should have several qualities that are essential for handling these types of cases. Here are some of the key qualities to look for:

Overall, a good medical malpractice lawyer in Delaware should have the knowledge, experience, attention to detail, communication skills, compassion, and network of experts necessary to successfully handle these complex cases and obtain the best possible outcome for their clients.

Why Schmittinger & Rodriguez
Is Right For You

We understand that seeking legal representation can be overwhelming and intimidating, so our attorneys take the time to explain what qualifies as medical malpractice and how we can help. Our priority is securing justice for those harmed by medical negligence. If you believe you or a loved one has been the victim of medical malpractice, please contact Schmittinger & Rodriguez. Our medical malpractice lawyers are ready to hear your case and provide the legal support you need. YOUR CASE. OUR PRIORITY.

Medical Malpractice FAQs

What is required to prove medical malpractice in Delaware?

In order to prove medical malpractice in Delaware, the plaintiff must establish that the healthcare provider breached the applicable standard of care and that this breach caused the plaintiff's injuries.

How much does it cost to hire a medical malpractice lawyer in Delaware?

The cost of hiring a medical malpractice lawyer in Delaware will vary depending on the lawyer's experience and the complexity of the case. Many medical malpractice lawyers work on a contingency fee basis, which means they only get paid if they win the case, and their fee is typically a percentage of the recovery. It is important to discuss fees and costs with any potential lawyer before hiring them.

How long does a medical malpractice case take in Delaware?

The length of a medical malpractice case in Delaware will depend on the complexity of the case and the court's schedule. Some cases may be resolved through settlement negotiations, while others may go to trial. On average, a medical malpractice case in Delaware may take several months to several years to resolve.

 

Can a medical malpractice case be settled out of court?

Yes, a medical malpractice case in Delaware can be settled out of court through negotiations between the plaintiff and defendant, or through mediation or arbitration. Settlements can be beneficial as they can save time and money, but it is important to consult with a medical malpractice lawyer to determine whether a settlement offer is fair and reasonable.

What should I do if I suspect I have been a victim of medical malpractice in Delaware?

If you suspect that you have been a victim of medical malpractice in Delaware, you should seek medical attention for any injuries or complications, and document any evidence of the malpractice. You should also consult with a medical malpractice lawyer as soon as possible to discuss your legal options and determine whether you have a viable case.

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