When you or a family member place trust in a doctor, nurse, medical care provider or hospital, and the person or organization ends up causing you injury or a family member’s death, it is a very troubling and confusing time
No one wants to be injured by a medical care provider, and most medical care providers do not intentionally harm people. Nevertheless, the truth of the matter is that each year hundreds of thousands of individuals across the United States are victims of medical negligence a/k/a medical malpractice.
What is medical malpractice?
Under The American System Of Civil Justice, The Only Recourse For A Victim Of Medical Negligence Is To Be Compensated Financially For The Physical And Financial Injuries Or Death That Was Caused To A Victim Or Their Family Members.
Any person who believes they or a family member is the victim of medical malpractice, and wants to ﬁle a claim against the individual or organization that caused the injuries or death, can call our ﬁrm (1-302-734-8400) and schedule a free consultation with an experienced attorney. There are numerous matters that must be discussed between you and the attorney before you decide on ﬁling a claim. The attorney will go over your rights and options, and answer any questions you have. If our ﬁrm pursues your case, the ﬁrm is paid on a contingency fee basis, which means that no legal fee will be paid unless there is either a settlement or an award by a jury.
Filing a claim and perhaps eventually ﬁling a lawsuit against a medical care provider is a very complex process that takes many months, and sometimes years, to complete. Our ﬁrm takes these matters seriously and is experienced in handling medical malpractice claims and litigation. Our ﬁrm will not pursue a frivolous or false claim, or a case involving minor injury. Anyone thinking about pursuing a medical malpractice claim should understand that medical care providers and hospitals will defend against a medical malpractice claim using signiﬁcant resources, including the availability of numerous defense expert witnesses, who are paid for by the insurance company of the medical care provider or hospital.
Medical Care Providers And Organizations Frequently Complain About Frivolous Medical Malpractice Lawsuits.
However, the fact of the matter is that an attorney in Delaware does not make the decision on whether or not medical malpractice occurred. Under Delaware law, before any medical malpractice lawsuit can be ﬁled in a Delaware court, a Board certiﬁed doctor or medical care provider must prepare a written Afﬁdavit of Merit in which they swear that they reviewed the records and that in their opinion, to a reasonable degree of medical probability, medical malpractice occurred and that it caused injuries or death. Your attorney will assist in ﬁnding a medical care provider to prepare the Afﬁdavit of Merit.
Do not wait a long time to speak to an attorney. Facts and valuable evidence that could be important to the case can be lost, misplaced or forgotten. Also, there is a two-year Statute of Limitations that applies in medical malpractice cases, which means you have two (2) years from the date the injury or death to either settle your case or ﬁle a lawsuit against any party that you believe caused the medical malpractice and the injuries. If you do not settle the claim or ﬁle a lawsuit within the two-year time frame, you will waive all of your rights against any party that caused the injuries. There are certain exceptions to this general two-year rule for minors who are victims of medical malpractice, and for adults receiving continued care, or where a reasonable person would not have known about the malpractice.
Of course, providing a copy of the relevant medical records to the attorney will be necessary for the attorney to make a ﬁnal decision about whether or not a claim or lawsuit is to be pursued. Under Delaware law, copies of a person’s complete medical records can be obtained from any medical care provider, and the medical care provider can be punished ﬁnancially if they refuse to give up the medical records to the patient, or a person’s guardian, Executor or Administrator.
Don’t guess at what your rights are; call our ﬁrm and schedule an appointment.
Do not delay. Contact us right away at
Free Consultations for Medical Malpractice Cases
- GAIL FROM DOVER
- CHARLES FROM WYOMING
- M. PARSONS FROM LEWES
- PATTI AND COURTNEY FROM KENT COUNTY