Delaware Complaint for Medical Malpractice regarding Surgical Procedure
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How to fill out Complaint For Medical Malpractice Regarding Surgical Procedure?
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FAQ
Limits on Damages While Delaware does not have a cap on damages for pain and suffering, the state's "modified comparative negligence" rule bars any recovery if the plaintiff was more than 50% responsible for causing the injury.
Click File a Complaint to begin the complaint process in DELPROS. Each complaint should include the name and contact information of the person filing the complaint. This person is called the complainant. ... Each complaint must state the name and location of the person or business the complaint is against.
The Delaware statute of limitations for personal injury cases is two years after the date of the injuries. Specifying the date of the injuries is vital for knowing how much time you have left.
In order to ensure that medical malpractice claims are brought within a reasonable amount of time, the law in Delaware requires that you file your claim of medical malpractice within two years from the act or omission that gave rise to your injury.
To file a complaint against a doctor or a nurse, go to dpr.delaware.gov or call 302-744-4500. Have you written a complaint against your doctor? If so, contact Meredith Newman at (302) 324-2386 or mnewman@delawareonline.com and on Twitter @MereNewman.
? The affidavit or affidavits of merit shall set forth the expert's opinion that there are reasonable grounds to believe that the applicable standard of care was breached by the named defendant or defendants and that the breach was a proximate cause of injury or injuries claimed in the complaint.
While some cases may resolve within the first year or two, many take upwards of 3-5 years before they are concluded. Some medical malpractice cases will settle out of court or during the discovery process, and some cases will go all the way through trial to a jury verdict.
The statute of limitations for a medical negligence case in Delaware is two years, commencing on the date of injury or, alternatively, three years, if the injury is unknown to the injured person and cannot be discovered through reasonable diligence within two years of the injury date.