What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider is negligent. Like more familiar kinds of personal injury cases, such as auto accidents, negligence is usually the standard. In medical malpractice negligence means a breach of the standard of care due to the patient. While we are blessed with excellent medical care facilities in Delaware, occasionally medical malpractice does occur. Nevertheless, just because you have a negative result from a medical procedure, does not necessarily mean that there was medical malpractice. Medical malpractice occurs when a doctor or healthcare facility does something or fails to do something which is a breach of the standard of care. For example, a breach may occur when a baby is delivered improperly causing the baby to have permanent shoulder injury. When a medical malpractice case is filed it is necessary to prove the breach of the standard of care through expert testimony. Finding an expert and pursuing this kind of complex litigation almost always requires the services of an attorney.

What should I bring to meet with an attorney?

· The name and the address of the doctor you believe has committed malpractice
· Any documentation you have regarding the treatment
· Any photos of the injury
· Your health insurance information
· A list of all physicians (with addresses and phone numbers) you have seen in the past 10 years

How long do I have to file a medical malpractice case?

The statute of limitations for medical malpractice is two years unless the injury could not have been discovered within the two-year period. The law will give you a third year if the medical malpractice could not have been discovered within two years. There are some rare exceptions that can extend the statute of limitations. However, if you suspect malpractice you should bring the matter to the attention of an attorney as soon as possible since many attorneys will not take malpractice cases which are close to the statute of limitations because of the complexity and expenses involved.

If I suspect medical malpractice has occurred, should I continue treating with the doctor who committed the malpractice?

Sometimes a doctor who has committed malpractice upon you is someone you have been seeing for many years. You feel uncomfortable going to another doctor. However, the fact that you go back to the doctor who has committed a malpractice upon you can tend to mitigate that doctor’s negligence. If you suspect malpractice, you should certainly contact an attorney as soon as possible to get advice about what to do.

A doctor has committed obvious malpractice upon me; however, I was not injured. Should I pursue a malpractice case?

There are many negligences for which there is really no remedy. Medical malpractice, like other personal injury cases requires damages. A slight injury might only result in nominal damages. In medical malpractice cases, the costs of pursuing a malpractice case may well be much more than the actual damages which have occurred. Thus, medical malpractice cases are usually filed only when injuries are quite serious and permanent.