Medical Malpractice Case — “Affidavit of Merit”

Filing a Medical Malpractice Case in Delaware is a complex procedure and it requires the knowledge, skills and experience of a Medical Malpractice Attorney.   Time is of the essence.

Three crucial steps in filing a Medical Malpractice case are: 1. Knowing your state’s Statue of Limitations  2. Filing a Notice of Intent and  3. Filing an Affidavit of Merit.  Both filings are time sensitive and can critically impact your case. Don`t forget to look into this website to find additional info.

Delaware’s Statue of Limitations for Medical Malpractice lawsuits is normally two years, and begins on the date of injury. This is the general rule, although there are exceptions. Title 18 Delaware Code section 6856.

A rule unique to Delaware Medical Malpractice cases allows a plaintiff to toll the Statute of Limitations for 90 days by sending a Notice of Intent to investigate to every potential defendant. This is a crucial step in your case that an attorney undertakes for you.

Another step that is specific to Delaware Medical Malpractice claims is the filing of an Affidavit of Merit. This must be filed in court with the original complaint, when initiating the lawsuit.

An Affidavit of Merit is a confidential document filed in court that certifies that the injury was the result of negligence on the part of the health care professional. The document is completed by another physician, regarded as an expert, who reviews the medical records and attests that the original defendant deviated from the accepted medical practices, which resulted in injuries.

Involvement in a Medical Malpractice claim can be stressful and time consuming. The physician who serves as an expert is compensated for their time and risk involved.

Click here to contact us to schedule a free consultation to see if you have a case.

At Hudson & Castle, we approach each case ethically, honorably, and skillfully, beginning with a free consultation, continuing with the convenience of flexible appointments, and finally, charging you nothing unless we win or settle. We also handle cases on behalf of our clients who are Delaware residents but have been injured in nearby Pennsylvania. Please call Hudson & Castle at 302-428-8800 (Monday-Friday, 8:30am- 5:00pm, ET) or contact us, and we will get back to you shortly to discuss your case.  

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