Whether you go in for a routine checkup or a life-saving operation, you should be able to trust the people responsible for your medical care. Most doctors, nurses, and technicians perform their duties to an acceptable standard, but in certain cases, medical negligence can lead to severe or fatal consequences.
If you suffered avoidable harm because of negligence by a healthcare provider, talk to a Wilmington medical malpractice lawyer about your situation. At Doroshow, Pasquale, Krawitz, and Bhaya, one of our experienced injury attorneys can guide you through the process of bringing a claim and securing compensation for your losses. En Español
Requirements for Medical Malpractice Claims in Wilmington
In medical malpractice cases, negligence must involve an alleged breach of a “standard of care.” This has a slightly different legal context than in other types of personal injury claims. Essentially, doctors and nurses are expected to perform their jobs just as another professional with comparable experience and training would under similar circumstances. A failure to meet this “standard” may constitute legal negligence.
In order to prove that a breach occurred, a prospective plaintiff and their lawyer must present an affidavit of merit along with their initial case filing. This affidavit must be signed by a medical expert with experience in the same field as the defendant, and it must affirm that the defendant did in fact violate the applicable standard of care. The need for this affidavit means that talking to an experienced medical malpractice attorney is a time sensitive necessity.
Deadlines for Filing Medical Negligence Lawsuits
Wilmington residents have a two-year statutory filing deadline when bringing a claim for medical negligence. However, if they provide the prospective defendant with advance notice of their intent to file suit, a medical malpractice victim can have an additional 90 days to submit their affidavit of merit. A skilled medical malpractice lawyer at our firm can help file these necessary documents within the applicable deadlines.
Are there Caps on Medical Malpractice Damages in Wilmington?
In many states, recovery in medical malpractice claims is subject to limitations or “caps” on certain types of compensation. Fortunately, Delaware is not one of those states. With the help of a medical malpractice attorney in the area, a plaintiff may seek restitution for every economic and non-economic loss they can trace back to their healthcare provider’s negligence.
Depending on the circumstances, recoverable damages may include but are not limited to the following:
- Additional medical expenses required to treat the consequences of malpractice
- Income lost due to time spent recovering from a new injury or illness
- Physical pain and suffering
- Emotional anguish
- Various impacts of a permanent disability or disfigurement, including loss of enjoyment of life and loss of consortium with a spouse
Fatal Medical Malpractice Cases
If malpractice leads to a patient’s premature death, surviving family members may pursue a wrongful death claim. Punitive damages are technically possible, but they are rare in medical malpractice cases. An experienced medical negligence attorney can further explain the legal options for a family seeking compensation for their deceased loved one.
Discuss Your Case with a Wilmington Medical Malpractice Attorney
Patients place significant trust in their healthcare providers to keep them safe from avoidable forms of harm. If a doctor caused an injury because of their negligence, you may be able to recover compensation with the help of a Wilmington medical malpractice lawyer.
The legal team at Doroshow, Pasquale, Krawitz, and Bhaya is experienced in representing victims of healthcare negligence. For over thirty years, our firm has handled claims against healthcare providers that have failed to follow proper medical procedures in the treatment of patients. In an initial consultation, we can discuss strategies for pursuing the compensation you need to heal from your injuries. Call us today to learn more.