Delaware Medical Malpractice Lawyers

Professional negligence or wrongdoing by a healthcare provider that causes harm or injury to a patient is referred to as medical malpractice. Medical malpractice cases can span a wide range of situations, such as surgical errors, birth injuries, misdiagnosis, and medication errors. Determinations are made by failing to provide a standard of care that a reasonably competent professional in the same field would have provided under similar circumstances.

Medical malpractice cases are complex. If you believe you are a victim of medical malpractice, consultation with an experienced medical malpractice attorney is recommended to evaluate your claim, guide you through the legal process, and protect your rights, as state laws vary. Generally, steps include:

• Assess your situation
• Seek another medical opinion
• Keep clear documentation
• Obtain medical records
• Consult medical experts
• Comply with statute of limitations

There are several types of compensation, also known as damages, which can be sought in medical malpractice cases. These can vary, depending on the state and circumstances of the case. Common types of compensation include:

• Compensatory damages
• Medical expenses
• Lost income
• Pain and suffering
• Disability or impairment
• Rehabilitation and future medical care
• Punitive damages

There are two main components to most medical malpractice cases: figuring out who was at fault, and then proving that fault legally. Medical malpractice liability is not limited to just doctors. It can also apply to nurses and others who provide health care services. Even hospitals and pharmaceutical companies can be found liable for malpractice. To establish medical negligence, an injured patient must prove:

• The health care professional owed a duty to the patient, as part of the doctor/patient relationship
• The health care professional deviated from the applicable standard of care, which is a breach of the duty owed to the patient
• The health care professional's deviation from the standard of care caused the patient's injury
• An injury to the patient

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