Filing a medical malpractice lawsuit can prove to be daunting since it is not something that you do every day. However,if you’ve been the victim of medical malpractice,it is your right to pursue a medical malpractice lawsuit. It is also your right to have a- represent you in a court of law.
However,there is a lot more regarding medical malpractice that you need to know about prior to moving forward with your lawsuit. For one,you need to understand that different states abide by different laws when it comes to medical malpractice. If you reside in the state of Delaware,you have only two years from the date that the harm occurred in which for you to file a lawsuit. If you fail to do so within the two-year time limit,you,unfortunately,missed the deadline and cannot do so any longer.
The only exception to this rule is if the healthcare professional somehow chose to conceal the malpractice,fraudulently of course. In this case,the statute of limitations or clock will be paused until you discover the malpractice.
Another law by which the state of Delaware abides is the affidavit of merit. This affidavit basically states that your case has been reviewed by a medical expert and you do have just cause to file a medical malpractice lawsuit. Unfortunately,until you provide the affidavit of merit,the case cannot proceed.
While some states impose damage caps on the amount of compensation a patient can receive for medical malpractice,Delaware does not do so. So if you plan on filing a medical malpractice lawsuit,reach out to a-as soon as possible to represent you and further acquaint you with the Delaware medical malpractice laws that you need to be aware off.