Delaware Medical Malpractice Laws

No limit on the amount of damages. Statute of limitations is two years from the date of injury or three years from discovery of a latent injury (for a minor, two years or age 6, whichever is later). Joint and several liability. Attorney fees may not exceed 35% of the first $100,000, 25% of the next $100,000, and 10% of the amount exceeding $200,000. Periodic payments for the amount awarded for future pain and suffering, future care, and other future damages may be ordered by the court with certain requirements set by law. Medical malpractice claims are assigned to Medical Negligence Review Panels that provide the court with their opinions within thirty days and which opinions are admissible into evidence during trial but are not conclusive. An affidavit of merit signed by an expert must be filed when the lawsuit is filed stating that there is reasonable grounds to believe that medical negligence was committed by each of the defendants. Expert testimony as to breach of the standard of care is not necessary where the Medical Negligence Review Panel found that medical negligence occurred that injured the claimant and the Panel’s opinion is entered into evidence during trial.

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