Delaware State Medical Malpractice Complaint Sample

In NSW, you can lodge a claim with the Health Care Complaints Commission and/or seek compensation for medical negligence. A complaint about medical negligence must be lodged in writing as required by the Act. To lodge a complaint online, or download a complaint form, visit the Health Care Complaints Commission website.

Medical negligence occurs when a doctor or other health care professional provides sub-standard care to a patientin other words, the health care professional fails to provide the type and level of care that a prudent, local, similarly-skilled and educated provider would act with in similar circumstances.

The requirements for establishing medical malpractice are often referred to as the four Ds: Duty, Deviation, Direct Causation and Damages.

A doctor-patient relationship existed. The doctor was negligent. The doctor's negligence caused the injury. The injury led to specific damages. Failure to diagnose. Improper treatment. Failure to warn a patient of known risks.

Type your letter. Concisely review the main facts. Be polite. Write with your goal in mind. Ask for exactly what you want. Set a deadline. End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies.

It is difficult and therefore expensive to demonstrate to a jury that a health care provider acted unreasonably. It is often at least as difficult and therefore at least as expensive to demonstrate that the negligence, rather than the underlying illness/injury, is what harmed the patient.

Keep in mind some general considerations. Start off with a proper heading. Summarize all of the relevant facts. Go into detail about your injuries. Explain your treatments and ongoing care. Mention the intangible damages that impact your life. Include any other evidence discovered during your investigation.

It is difficult and therefore expensive to demonstrate to a jury that a health care provider acted unreasonably. It is often at least as difficult and therefore at least as expensive to demonstrate that the negligence, rather than the underlying illness/injury, is what harmed the patient.

Failure to diagnose or misdiagnosis. Misreading or ignoring laboratory results. Unnecessary surgery. Surgical errors or wrong site surgery. Improper medication or dosage. Poor follow-up or aftercare. Premature discharge. Disregarding or not taking appropriate patient history.