Delaware Medical Malpractice Lawyer

If you’ve been the victim of a negligent medical professional, reach out to an experienced Delaware medical malpractice attorney for help obtaining the compensation you deserve.

The medical profession is not the place for careless errors. While doctors are protected by insurance policies, everyday people are exposed to medical professionals who make mistakes all the time. When these mistakes cause further injury, illness, or even death, the healthcare professional needs to be held accountable for his or her actions.

It can be hard to discern the difference between a routine medical risk of treatment or care and the medical malpractice of a caregiver. This is when a Delaware medical malpractice lawyer at Barros, McNamara, Malkiewicz & Taylor can become a valuable asset in your case. You tell us your story, and we’ll work hard to make sure the appropriate liable party is brought to justice.

Who Can Be Liable in a Delaware Medical Malpractice Claim?

Nearly anyone in the medical community who treats or cares for patients can be at fault for medical malpractice. Surgeons, nurses, nursing assistants, physicians, physician assistants, and anyone else responsible for treating a person can become the subject of a Delaware medical malpractice claim if he or she makes an irresponsible call that injures a patient.

While it’s true that mistakes do happen, they should be rare in the medical field. To bring forward a successful medical malpractice claim, we will need to establish negligence on the part of the caregiver. This means that the caregiver will have made a mistake that a professional of similar rank and resources would not have made.

When a Medical Professional Makes a Mistake

There are many situations in which a medical professional can make a decision that results in further injury or harm to a patient. Some of the most frequently seen mistakes that spark medical malpractice claims in Delaware include the following:

  • Misdiagnosis
  • Improper dosage or type of medication
  • Leaving instruments in a body cavity
  • Failure to treat
  • Failure to act quickly

Each of these errors could have been prevented if the caregiver had been paying close enough attention to the task at hand. It is far too common for these medical professionals to be working above their skill level, leaving patients exposed to the risk for a medical mistake. We find this to be completely unacceptable, and we’re ready to fight back on your behalf.

Laws and Other Information to Be Aware Of

We are happy to handle all the details of your medical malpractice case for you. Most people aren’t well-versed in the rules that apply in tort law. However, specific information about Delaware medical malpractice claims in particular can be useful for you to know as we move forward.

Delaware’s Medical Malpractice Statute Of Limitations

In Delaware, the statute of limitations for personal injury cases allows claimants three years to file a claim. In a medical malpractice case, however, a claim must be filed within two years of the injury occurring or one year from the date the injury or illness was later discovered. The only exceptions to this rule apply when the negligent medical provider concealed the error that harmed you.

Caps on Medical Malpractice Damages

Many states have caps on the damages a person can collect in a medical malpractice claim. This means that you can only collect up to a certain dollar amount from the negligent party. Luckily, in Delaware, you are able to collect as much as a judge or jury sees fit. There are no caps on medical malpractice damages that we need to be aware of in our pursuit for compensation.

Recovering Compensation for Medical Negligence

With the cost of healthcare being what it is in the United States, when a medical error happens, you can expect your medical expenses to soar past what they were before you were harmed. This is one of the areas we will be sure to examine closely so each and every expense that results from the mistake that harmed you becomes the responsibility of the liable medical professional.

After calculating the extent of your medical expenses, we will consider what wages you’ve lost and any damage to your future earning potential. This could include wages you might have been able to contribute to your retirement plan, bonuses, and advancements to your salary.

Non-economic damages are at least equally as impactful as those that are easily quantified, despite the fact that they rarely hold a direct monetary value. These damages could include the effects of becoming disfigured, pain and suffering, the loss of enjoyment of life, emotional distress, and the loss of consortium.

In extreme medical malpractice cases, you may be awarded punitive damages, which are designed to punish the medical professional for the egregious negligence or malice he or she exhibited. When a court makes an award of punitive damages, the idea is to deter other medical professionals from making the same decision that the defendant made in the first place, hopefully protecting future patients.

Delaware Medical Malpractice FAQ

Below, we have compiled some of the most common questions our clients have had in regard to their Delaware medical malpractice claims. We understand that this is going to be a challenging time for you, and our hope is to answer any questions you have with clarity so you are confident in your claim moving forward.

Do I have to go to court if I file a claim?

It is possible to avoid going to court when you file your claim. This can only happen if we are able to reach a settlement agreement with the other side. If the negligent medical professional and insurance company do not wish to continue further negotiations, having your case heard in court may be the only way for you to recover the full and fair compensation you deserve.

What is the cost of hiring an attorney?

With our firm, you won’t have to worry about legal costs unless we win your case. We work for you based on an attorney contingency fee. Here’s how it works: We will agree upon a percentage of your winnings as payment for our services. In return, you won’t have to pay a dime unless or until we are able to successfully resolve your case.

Should I speak with the doctor’s medical malpractice insurer?

Speaking to the insurance company is almost always going to hurt medical malpractice victims’ cases. Insurers have a bad habit of twisting the statements given to them to minimize the amount they are required to settle for. Fortunately, a medical malpractice lawyer in Delaware can discuss the specifics of your case with the insurer for you so you are protected from the insurer’s dishonest tactics.

Connect with a Delaware Medical Malpractice Attorney

When you have been hurt by a negligent medical professional and you need help covering the ever-increasing costs associated with your injuries, get in touch with the experienced legal team at Barros, McNamara, Malkiewicz & Taylor.

We will work diligently to ensure that the parties liable for your injuries are responsible for fully compensating you for your damages. Schedule your free, no-obligation consultation with a Delaware medical malpractice lawyer today by filling out the quick contact form below or giving us a call at 302-734-8400.