If you have been a victim of medical malpractice and you think you have reasonable grounds on which to make a claim for damages,you must first figure out the deadline for filing your suit with help from [dcl=6961]. In this article,you will learn about the Delaware statute of limitation for a medical malpractice claim.
Statute of Limitations
The “statute of limitations” refers to the provision of law relating to the deadline of filing a suit. In Delaware,medical malpractice has a short statute of limitation. The rules are usually strict,and failure to comply often results in knocking out the case due to technicalities. This can be even worse where you are making claims against the government. In addition,the plaintiff has numerous other conditions to fulfill before suing another person or institution for medical malpractice.
Failure by the plaintiff to consider important issues could lead to postponement of the case or the applicant missing the deadline. It is often tricky to determine when to begin counting the days to determine the deadline. Therefore,you must talk to your lawyer to help you figure out the matter and when the deadline is.
Here are the rules you must consider when dealing with Delaware medical malpractice laws and statute of limitations ( [dcl=6961]).
Two-Year Standard Deadline
In Delaware,the law states that a plaintiff should begin a lawsuit within two years after the medical malpractice incident. This means that the two-year period begins when a physician or healthcare organization is reported to have neglected you or caused medical harm. However,if an injury is not revealed after the two-year period,the law allows for an extension of the statute of limitation by one year. The longest period of the statute of limitation is three years from the time the medical malpractice took place. If a medical practitioner conceals information about the injury,you may be allowed to file a case even after the three-year mark. In other words,the statute of limitation is set aside until you discover the injury.
When the victim of the malpractice is below the age of six,the case should be filed within two years following the malpractice,or by the victim’s six birthday,whichever comes last. Now that you know how the statute of limitation applies in medical malpractice in Delaware,you can begin to file your case early to avoid having it thrown out because of this strict rule. Let a medical malpractice lawyer do all the paperwork while you concentrate on your treatment and wait for reasonable compensation.