If you believe that you are the victim of substandard medical care,and that you may have a medical malpractice lawsuit,it is imperative that you find out the statute of limitations that governs the state you live in. In the state of Delaware,you have two years from the date of the malpractice,or from the date that you discover you are harmed in which to file a lawsuit. In the event that more than two years have passed and you only find out that you have suffered harm due to medical treatment you received two years ago,you are given an extra year in which to file a lawsuit.
The maximum amount of time in any situation that you have in which to file a medical malpractice lawsuit in the state of Delaware is three years. The only exception to this rule is if the healthcare provider fraudulently conceals the malpractice,or intentionally deceives you and prevents you from discovering the malpractice. In this case,the statute of limitations is “tolled.” It will be tolled until you discover the malpractice. You are also required to file an affidavit of merit when you are suing a medical professional or healthcare provider. It’s a sworn testimony from a qualified and medical expert that you have viable cause to file a medical malpractice lawsuit,usually with the professional counsel of a -.
Ultimately,until you deliver the affidavit of merit,your lawsuit will not be put into progress. Also,the statute of limitations will not be paused for you,so the clock will continue ticking. Delaware also does not place any caps on the amount of compensation a patient can receive for Medical Malpractice. So,while some states may impose a cap on damages for pain and suffering or other claims,the good news is that Delaware medical malpractice laws do not.
