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Delaware Birth Injury Lawyers

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Delaware Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.
Del. Code Ann. tit. 18, §656 Two years from injury; but no later than three years if latent injury. Minor: Two years or until age 6, whichever is later.

Delaware Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

18 §6855. Punitive damages may be awarded only on finding of malicious intent to injure or willful or wanton misconduct. No specified limit.

Limits on Attorney Fees

18 §6865. Sliding scale, not to exceed 35 percent of first $100,000; 25 percent of next $100,000; and 10 percent of all damages exceeding $200,000. A claimant has the right to elect to pay for the attorney's services on a mutually satisfactory per diem basis.

Periodic Payments

18 §6864. The court may, after making a determination as to the amount of such judgment which was awarded as compensation for future pain and suffering, if any, the amount of such judgment awarded for future expenses of care of the injured party made necessary by reason of the injury involved, if any, and the amount of such judgment awarded as compensation for any other future damages, if any, direct that: (1) There shall be deducted from the award, and paid to the plaintiff, an amount sufficient to cover the plaintiff's attorney's fees, expenses related to the litigation, expenses incurred for past health care and pain and suffering incurred as of the date of said payment; (2) The remainder of the award shall be paid to the plaintiff in equal or unequal monthly installments to be fixed by the Court for a period of time to be fixed by the Court; provided, however, that in addition thereto, medical expenses incurred and paid by plaintiff not otherwise reimbursed shall also be paid to plaintiff from the undistributed portion of the award; (3) Each monthly installment shall, in addition, include a payment of interest on the then unpaid balance at a rate to be fixed by the Court. If a plaintiff receiving installment payments of a judgment shall die before the expiration of a 20-year period from the date of the award, and prior to the receipt by the plaintiff or on the plaintiff's behalf of all such installment payments, the Court shall deduct from the total of the installment payments then remaining unpaid the amount thereof representing compensation for future pain and suffering and future expenses of care made necessary by the injury involved, shall cause the balance of all such installments after such deduction to be paid to the estate of the plaintiff so dying and shall cause such judgment to be marked satisfied. If the plaintiff receiving installment payments shall die after the expiration of a 20-year period from the date of the award, then the payment shall automatically terminate as of the date of the plaintiff's death.

Patient Compensation or Injury Fund

None provided.

Medical or Peer Review Panels

§24 §1768. Immunity of boards of review
   

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