Delaware Complaint for Personal Injury and Wrongful Death for Improper Medical Treatment

State:
Multi-State
Control #:
US-PI-0293
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample personal injury complaint alleging improper medical treatment resulted in patient's death.
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  • Preview Complaint for Personal Injury and Wrongful Death for Improper Medical Treatment

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FAQ

Improper treatment is a form of medical malpractice. It differs from other common examples of malpractice, such as failure to diagnose or misdiagnosis. With improper treatment, the doctor diagnoses the condition correctly but fails to undertake the proper treatment.

When a doctor fails to administer treatment quickly enough and the patient's condition gets worse?or fails to respond to treatment?the doctor has exhibited medical negligence and could be liable for malpractice.

Under state law, a patient may pursue a civil claim against physicians or other health care providers, called medical liability or medical malpractice, if the health care provider causes injury or death to the patient through a negligent act or omission.

Medical malpractice claims in Delaware are subject to a 2-year statute of limitations (Del. Code § 6856).

The terms negligence and malpractice are frequently used interchangeably.

Delaware's wrongful death law (Delaware Code title 10, §§ 3721 to 3725 (2021)) states that a civil case may be brought against an individual or entity "whose wrongful act causes the death of another." A "wrongful act" is defined as any "act, neglect or default" that, if the deceased person had lived, could have been ...

Medical Malpractice: Improper or negligent medical treatment of a person under a medical professional's care, which results in injury or death.

Delaware uses the doctrine of modified comparative negligence to determine liability in personal injury cases. Under the comparative negligence rule, the plaintiff who files a personal injury lawsuit can recover damages as long as he or she was not more than 50% at fault for the accident.

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Delaware Complaint for Personal Injury and Wrongful Death for Improper Medical Treatment