Health & Medical in Delaware
Key Delaware Law
Delaware Code Title 18, Section 6856
Delaware requires medical negligence claims to be filed within two years of the act or omission causing injury, or within three years if the injury was not immediately discoverable, under Del. Code tit. 18, § 6856.
View official statuteProcedural Details in Delaware
Delaware Agencies & Resources
Delaware Board of Medical Licensure and Discipline
Licenses and disciplines physicians in Delaware; handles complaints about physician conduct.
Delaware Department of Health and Social Services
Oversees health facility licensing and patient rights in Delaware.
Delaware Department of Insurance
Regulates health insurance and handles consumer complaints about coverage denials in Delaware.
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Delaware?
Delaware provides a two-year statute of limitations from the date of the negligent act under Del. Code tit. 18, § 6856, extending to three years for injuries not immediately discoverable. A certificate of merit from a same-specialty expert must be filed within 60 days of the complaint under § 6853.
Does Delaware require a certificate of merit in malpractice cases?
Yes. Under Del. Code tit. 18, § 6853, plaintiffs must obtain and file a certificate of merit from a certified expert witness within 60 days of filing the medical negligence complaint. The expert must be in a substantially similar specialty as the defendant. Failure to comply may result in dismissal.
Does Delaware cap non-economic damages in medical malpractice?
Delaware does not have a statutory cap on non-economic damages (pain and suffering) in medical malpractice cases. Juries determine the appropriate amount of compensation for non-economic harm. Economic damages such as medical bills and lost wages are also uncapped.
How do I file a complaint against a doctor in Delaware?
Complaints against physicians may be submitted to the Delaware Board of Medical Licensure and Discipline through the Division of Professional Regulation at dpr.delaware.gov. The Board investigates professional misconduct and standard-of-care complaints. Board proceedings are separate from civil litigation.
Related Health & Medical Scenarios
Can I sue over incorrect or excessive medical bills?
Legal options when you receive incorrect, inflated, or surprise medical bills that violate billing regulations or the No Surprises Act.
Can I sue for wrongful death caused by medical negligence?
Legal options when a family member dies due to medical negligence, surgical errors, or hospital failures.
Can I sue for a medication or prescription error?
Legal options when pharmacy errors, wrong dosages, dangerous drug interactions, or failure to warn causes patient harm.
Can I sue for delayed cancer diagnosis?
Legal options when a physician's failure to timely diagnose cancer results in disease progression and reduced treatment options.
Have a Specific Situation in Delaware?
Every situation is unique. Try our educational assessment tool for guidance based on your specific circumstances.