Delaware · Medical malpractice claims: harm and next steps
Medical malpractice claims: harm and next steps in Delaware
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| Filing deadline | 2 years from discovery; Affidavit of Merit requiredDel. C. § 6856 |
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Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in Delaware?
18 Del. C. § 6856: 2-year SOL from date of injury. If the injury was unknown and could not reasonably have been discovered within those 2 years, suit may be brought within 3 years from the injury, and not thereafter. A lawyer can confirm yours.
Minors under 6 have until the later of that period or their 6th birthday.
Source: Del. C. § 6856
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.
02 · Where cases are heard
Where would my case be heard?
Delaware has a 2-year statute of limitations for medical malpractice from the date of the injury, with a discovery rule. There is no explicit statute of repose in Delaware. Delaware has no cap on malpractice damages. Delaware requires the plaintiff to serve an Affidavit of Merit on the defendant within 60 days of filing the complaint, with an expert's certification of a meritorious claim.
Medical facilities in Delaware
Christiana Hospital — Level I Trauma Center
How this works nationally
For the overall process and updates, read the Medical malpractice claims: harm and next steps overview. This page covers the local information available for Delaware.
What happens when I check?
You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.
Live in Delaware? Read what applies in your state.
Register your interest. If a participating law firm takes these cases, it may contact you.
Register your interestSources
- Del. C. § 6856