Common Medical Malpractice Questions and Answers
In the event that you or a loved one needs medical attention, it is always comforting to know that there are numerous talented and experienced professionals to help. And even though the field of medicine is one area that we all hope would be free of mistakes, accidents still happen. Medical professionals are only human after all.
Nevertheless, making mistakes or being negligent in any way is much different in the medical profession than most other jobs. Our doctors, dentists, chiropractors, etc. must always be held to higher standard for obvious reasons. In the state of Delaware, like any other state, we must hold our medical professionals accountable for anything that even resembles negligent behavior.
What Exactly Can Be Considered Medical Malpractice?
While this is a loaded question with a long list of answers, there are some simple ways to know for sure if your case constitutes medical malpractice. Some of the most common cases of medical malpractice typically include issues such as a misdiagnosis that led to further complications, or failure to provide the proper pharmaceutical prescriptions. These relatively easy-to-make mistakes can lead to not only further complications but catastrophic illnesses up to and including death. In the case of death, a wrongful death suit will also be a likely step in your process to full economic compensation.
Other types of malpractice include matters such as extreme errors during a surgical procedure. It is generally only considered malpractice when something like the wrong organ or body part has been removed. Mistakes in aftercare are also considered malpractice, as well as any mishaps in a birthing process that have led to damages suffered by the baby and/or mother. While there are several more examples of what may constitute medical malpractice, the quickest and easiest way to know if your case qualifies is by first being certain that your health problems were caused by a medical professionals’ negligence.
How Long Do I Have to File My Claim for Malpractice?
Like any other case involving a personal injury, there is a strict statute of limitations in place. Delaware is no different than any other state in this regard, and a detailed overview of the states’ statute of limitations for medical malpractice can be viewed at Title 18 of the Delaware Code section 6856.
In any event, there are also basic time frames to be aware of, and it is incredibly important to understand these time limitations before filing your lawsuit. The basic time limit to file a claim is two years. Typically, the statute begins on the date of the surgery or medical procedure that was performed. However, the state of Delaware recognizes that often times the adverse effects of a procedure might not be noticeable immediately. Because of this, there is one additional year of time added to the statute in cases where it is reasonable to do so, making the statute of limitations 3 years.
At Edelstein, Martin & Nelson we understand that you may have a lot more in-depth questions regarding your specific case. We take pride in recognizing a wide range of instances that may qualify as medical malpractice, and we have numerous medical malpractice attorneys prepared to guide you through the process and fight on your behalf. If you have experienced any situation you believe should be considered medical malpractice, don’t hesitate to call us at 800-300-0909 to schedule a free consultation today!