Delaware Medical Malpractice Lawyers Holding Medical Professionals Accountable
You trust your health care to medical experts, but when that trust is broken, and you are hurt due to negligence or malpractice, you deserve experienced legal representation to achieve justice for your physical, emotional, and financial difficulties. However, when you are already attempting to recover from your injuries and the mountain of debt they’ve caused you, or you are reeling from the loss of a loved one, it can feel overwhelming to think about taking on a doctor or large hospital to attempt to get compensation for your losses. But you don’t have to do it alone. Our caring and skilled attorneys and staff at Hudson, Castle, & Inkell, LLC, have experience in helping families like yours and we will fight to get you the fair compensation you are entitled to for your medical malpractice claim. If you or your family member have been injured by a negligent doctor or other medical professionals, contact our law firm today at (302) 428-8800 for a free consultation.
What Is Medical Malpractice?
While medical malpractice and medical negligence are sometimes used interchangeably, in the legal sense they are not the same. Medical negligence occurs when a medical provider involved in the care or treatment of a patient performs their job in a way that deviates from the accepted medical standard of care. While this is never a good thing, it may not always lead to the patient being harmed. Medical malpractice is when a health care provider causes an injury to a patient through medical negligence. For a personal injury claim to be viable, harm to the patient must be proven. Some examples of medical negligence include:
- Delayed diagnosis
- Failure to diagnose or treat
- Negligent operative and postoperative care
- Emergency room negligence
- Operating on the wrong body part
- Leaving surgical or foreign objects in the body after surgery
- Anesthesia errors
- Defective implants
- Brain injury
- Inadequate infection
- Dental negligence
- Medication errors
- OB/GYN errors
- Surgical errors
What Is the Statute of Limitations on Filing a Medical Malpractice Case in Delaware?
A statute of limitations sets the maximum amount of time that can elapse from the date of an alleged negligent act to when individuals or entities involved in a dispute begin legal proceedings. In Delaware, the statute of limitations for personal injury cases gives individuals two years to file a claim. For medical malpractice cases, a claim needs to be filed within two years of the occurrence of the injury or three years in cases involving an inherently undiscoverable injury in the first two years. This means that it is best to contact a lawyer and begin the process of discovery and filing as soon as possible to avoid potentially missing your window of opportunity to make a claim. If you have questions or concerns about whether your claim can still be filed, contact one of our medical malpractice attorneys today for a confidential, free consultation.
What Compensation May Be Awarded in a Medical Malpractice Case?
Medical malpractice can cover a wide range of potential injuries and outcomes, so every case is unique. Typically, the compensation increases as the severity of the injury and the length of time it affects the victim increases. The main categories of compensation for a personal injury claim, such as medical malpractice, include:
- Actual compensatory damages: This covers the tangible financial losses that occurred as a result of your injury. Often you will need to provide proof of the income you lost or the medical expenses you incurred because you were hurt. You will then be reimbursed for these amounts.
- General compensatory damages: This includes non-monetary losses you suffered from the injury. These losses are just as harmful to a victim but are less easily quantifiable. This category includes compensation for pain and suffering, future medical expenses, mental anguish, loss of time with family, and more.
- Punitive damages: While these damages are uncommon, if the actions of the medical professional are deemed to be especially egregious, negligent, or malicious, the courts may award an amount above and beyond the compensatory damages as punishment for the malpractice. This is meant to dissuade others from committing the same act in order to protect families from going through the same suffering.
Why Should You Consult a Medical Malpractice Lawyer?
Medical malpractice claims involve complex issues. There may be many individuals and entities responsible for your injuries. Collecting evidence of negligence and malpractice can require searching through reams of medical records and notes. The law firm of Hudson, Castle, & Inkell, LLC has more than 50 years of combined experience helping clients throughout Delaware obtain compensation for medical malpractice claims. We work very closely with our network of medical professionals, who add their experience to our legal knowledge, ensuring that your case gets the most effective and thorough examination. Each case is unique and deserves the respect and attention that a smaller, more selective firm can give to make sure those responsible are held accountable. If you or someone you love has been injured due to the negligence of a medical professional or hospital, you can depend on Hudson, Castle, & Inkell, LLC, to recover fair and just compensation from the wrongdoer.
You can trust Hudson, Castle, & Inkell, LLC with your medical malpractice claim. We approach each case honorably, ethically, and skillfully, beginning with a free consultation, continuing with the convenience of flexible appointments, and finally, we charge you nothing unless we win or settle. Please call Hudson, Castle, & Inkell, LLC, at (302) 428-8800 to schedule an appointment for a free consultation with one of our lawyers.