Delaware (DE) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Delaware.
Damage Cap
No cap on damages
Statute of Limitations
2 years from the date of injury
Discovery Rule
Delaware applies the discovery rule, tolling the statute until the injury is discovered or should have been discovered with due diligence, subject to a 3-year statute of repose.
Pre-Filing Requirements
Plaintiffs must file an affidavit of merit from a qualified medical expert.
Average Settlement
$200,000 - $475,000
Average Verdict
$350,000 - $1,200,000
Key Facts About Delaware Medical Malpractice Law
- 1Delaware requires an affidavit of merit signed by a medical expert to be filed with the complaint.
- 2The state follows a modified comparative negligence rule with a 51% bar.
- 3Medical malpractice cases may be subject to mandatory mediation before proceeding to trial.
- 4Punitive damages are available but require a showing of willful, wanton, or malicious conduct.
Need Help with a Delaware Medical Malpractice Case?
If you believe you have a medical malpractice claim in Delaware, it is important to act quickly. The statute of limitations in Delaware is 2 years from the date of injury. Most medical malpractice attorneys offer free initial consultations.