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How long do I have to sue for medical malpractice in Delaware?

On Behalf of | Aug 2, 2021 | Medical Malpractice

Every day throughout the United States, hospitals, doctors and other medical professionals make costly mistakes that can have lasting impacts on the patients under their care. Professionally and legally, this is known as medical malpractice. If you are a victim of medical malpractice, you may need treatments that you would otherwise not seek if the mistake did not happen in the first place.

Besides impacting your health, medical malpractice can also strain your finances and career. As such, if you have suffered injury as a result of the hospital or doctor’s negligence in Delaware, you might want to consider filing a medical malpractice lawsuit. However, before filing your suit, it is important that you familiarize yourself with the state’s statute of limitations for medical malpractice lawsuits since it can greatly impact the validity of your suit.

Delaware statutes of limitations for medical malpractice lawsuit

Pursuant to Delaware state code, victims of medical malpractice have a two-year period to file a medical malpractice lawsuit. However, unlike most states, Delaware does not factor in the “discovery rule” when determining exactly when the clock should start on the statute of limitations. Thus, the Delaware statute of limitations’ time limit begins on the date that the alleged malpractice did happen rather than when it was first discovered.

The exception to Delaware statute of limitations for medical malpractice

Delaware provides for an extension of the limitations time for one year in circumstances where the alleged medical error could not possibly be discovered within the two-year period. Effectively, this means the absolutely maximum timeframe for filing a medical malpractice suit in Delaware is three years. Failure to file your claim within three years from the alleged date of injury means that your suit may be thrown out regardless of how strong it is.

When you suffer an injury while in the care of a health care provider, you may consider suing for compensation for your injury and other damages. Understanding Delaware statute of limitations for medical malpractice is crucial to ensuring that your suit proceeds to trial so you can get the compensation you deserve for your injuries.