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Statute of Limitations

Any action, whether for injury or death, must be brought within two years after the date of the injury. If, however, the injury is not one that can be discovered with reasonable diligence, the claimant is afforded an additional year

Comparative or contributory negligence

modified comparative negligence, claimant's action is barred if his negligence exceeds the combined negligence of all defendants

Nature of accused's liability

joint tortfeasors are jointly and severally liable, so any defendant against whom judgment has been entered is liable to the claimant for the entire judgment, regardless of his degree of negligence

Law of contribution

joint defendants have a right to contribution If relative degrees of fault are unequal, making equal shares in contribution unfair, the relative degree of fault will be considered in determining a pro rata share; otherwise, liability for contribution is apportioned equally

Expert testimony standards

Delaware requires that medical malpractice claims be supported by expert medical testimony that establishes a deviation from the applicable standard of care.

Limits on compensation

None

Limits on attorney fees

Delaware limits the amount attorneys may collect as a contingency fee to 35 percent of the first $100,000 in damages, 25 percent of the next $100,000, and 10 percent of any remaining award

Collateral Source rule enforced

A medical malpractice defendant cannot offer evidence of collateral payments from life insurance or private collateral sources of compensation

State and local health care providers immune from liabaility

Delaware municipalities, towns, cities, and counties (and their employees) enjoy immunity from liability in tort unless recovery is specifically authorized by statute

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability