Medical Malpractice Lawsuit in Delaware

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People's Justice Legal Research Team

Statute of Limitations

10 Del. C. § 8119: 2-year SOL from date of injury. Discovery rule applies when injury was inherently unknowable. No explicit repose. Minors: SOL tolled until age 18 or 2 years after majority — whichever is later.

2 years from discovery; Affidavit of Merit required

Delaware Data

Exposure in Delaware

Source: Delaware Code

Source: Delaware Medical Malpractice Act

Medical Resources

Clinics & Specialists in Delaware

Christiana Hospital — Level I Trauma Center

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