When we think of medical malpractice cases and who is likely to get sued for negligence and other causes of injury to their patients, we usually think of medical doctors, especially surgeons. But are doctors really the only healthcare professionals who can be held accountable for medical malpractice? As it turns out, the answer is no.

There is a range of healthcare professionals other than physicians that could be held responsible when a negative outcome occurs. They could be nurses, anesthesiologists, therapists, technicians, dentists, physicians’ assistants, pharmacists, and more. In fact, all medical care professionals can be held accountable.

But it doesn’t end there. Hospitals, clinics, and all kinds of other healthcare institutions and facilities can also be held accountable when something goes wrong due to negligence on their part, and a person is injured as a result.

Surgeons and physicians may have much more malpractice insurance than nurses and physical therapists, but that doesn’t mean that other healthcare professionals cannot or should not be held accountable. On the other hand, medical facilities and institutions likely carry far more insurance than even the physicians who work there.

You can find more details in the Delaware Code on healthcare medical negligence insurance and litigation. And you should absolutely talk to an experienced medical malpractice attorney if you have been injured due to medical malpractice.

Malpractice Committed by Medical Professionals Other Than Doctors

If a medical professional, even if they are not a doctor, makes mistakes while they treat their patient, they can absolutely be held responsible. Whatever their area of expertise may be, they are held to the standards of their profession.

A nurse, for example, may not have met the accepted standards that can be expected from nursing care. If they injure you as a result of their negligence or faulty treatment, they will be liable for the damages.

The process of proving that their negligence or faulty actions were indeed responsible for your injuries is essentially the same as it would be if the doctor had been responsible. But there are also differences.

Many nurses don’t carry malpractice insurance, and even if they do, it likely won’t be enough to compensate you for your losses. However, the nurse would have been working under the supervision of a physician, so the physician could be held responsible as well.

In addition, nurses tend to work within or in association with a medical facility, such as a hospital, a clinic, a group practice, a doctor’s office, or as part of a mobile care facility where they are assigned to visit patients and care for them.

In those cases, the facility that employs the nurses can also be held responsible. After all, the nurse’s employer would be responsible for hiring and employing competent staff, and they generally have much more insurance coverage than their nurses.

A nurse has multiple responsibilities when it comes to patient care, from checking medical equipment to administering medication. To prove that a nurse was responsible for your injuries, you must show they made an error of negligence, such as that they failed to respond to an emergency, administered the wrong medication, or gave their patient the wrong dosage of their medication. They may also have failed to monitor or adjust equipment properly, or failed their patient in a range of other ways.

To have a valid case, you must meet the usual requirements: that there was a nurse/patient relationship, that the nurse made a mistake due to negligence, and that the mistake led to the patient’s injury and ensuing damages.

What Qualifies as a Medical Malpractice Case?

If you have been hurt by faulty or negligent medical care, and you believe you may have a medical malpractice case, you should first consult an experienced medical malpractice lawyer who can review your case and evaluate how strong it is.

Of course, medical malpractice suits can be very challenging. Not only are expert witnesses required, at least usually, but the lawyers of the defendants and their insurance companies are going to fight back hard since they stand to lose a great deal of money. In addition, there are several rules that must be followed.

The Statute of Limitations

You also have to act quickly. Among the many things that make malpractice cases challenging is the statute of limitations. This means the case must be filed within a certain timeline. Fortunately, Delaware has a longer statute of limitations than some other states. Still, the case must be filed within two years, although under certain circumstances, that timeline can be extended to three years.

The longer timeline applies if the injury could not have been discovered within the expected timeline by the affected person because the symptoms of the problem were delayed. This sort of thing can happen in situations where, for example, the surgeon left an object inside the patient’s body that didn’t cause identifiable symptoms until a later time.

In addition, there is an option to get an extra 90 days by sending a certified letter to the defendant, announcing to them your intention to investigate. Still, time is of the essence, and any delays can cause problems.

Affidavit of Merit

Delaware law also requires that the plaintiff file an affidavit of merit as part of the complaint at the beginning of the lawsuit. For this, a medical expert witness must provide sworn testimony that there are credible grounds to believe that the normal standard of care was not adhered to by the defendant and that this has likely caused the injuries that were inflicted on the plaintiff.

Are There Limits on How Much Can Be Awarded in Delaware Malpractice Cases?

Some states limit how much can be awarded in a malpractice suit. Delaware does not have such limits. However, if the plaintiff was partially at fault for the injury, the award may well be proportionately reduced.

As you can see, suing for malpractice is challenging, and you will need to work with an experienced medical malpractice attorney. To get the help you need, call or email us for a free case evaluation. We will be happy to assist you.

Sexual abuse is a despicable crime that leaves its victims with devastating emotional and often physical injuries. Unfortunately, many victims do not tell anyone about what happened to them, and as a result, they suffer in silence while all too many perpetrators go free.

However, when the victims do have the courage to come forward and tell their stories, experienced personal injury lawyers who have represented a lot of sexual abuse cases can help them get compensated for their injuries and hopefully see the perpetrators receive their well-deserved punishment.

Sexual abuse lawyers are advocates for survivors of sexual violence. They counterbalance those feelings of disempowerment that victims often suffer from and fight for them in court as they strive to hold the perpetrators of sexual violence accountable for the pain and damage they have inflicted.

How Does a Sexual Abuse Lawyer Fight Sexual Abuse in Court?

First, experienced sexual abuse lawyers listen to the victim and get their whole story. This is an important step, not only to get the facts that are needed to win the case, but also to counterbalance those feelings of disempowerment most victims will struggle with long after the incident occurred.

In fact, many childhood sexual abuse survivors tell trusted loved ones only to find that they are not believed and even face strong resistance and denial. Having a trustworthy advocate who really listens and believes them is an important part of the healing process.

Of course, listening closely and getting the full story also helps with the next step, gathering evidence. The child’s or the adult victim’s testimony will be crucially important when the case is tried in court. When it is available, additional testimony from witnesses and people in which the victims have confided, will do much to strengthen the lawyers’ case.

This is especially important in cases of childhood sexual abuse, which are hardest to prove, especially since the case might be tried long after the fact due to the long statute of limitations or, in some states, even the absence of a statute of limitations for children who were under 18 at the time of the incident. In fact, the state of Delaware has issued detailed instructions in a Child sexual abuse protocol.

For adults, the statute of limitations is usually two years, which is the same as for other personal injury cases. That’s not a lot of time to gather all the facts. But in spite of that, time is of the essence and the case should go to court as soon as reasonably possible because evidence has a way of disappearing.

In addition to testimony of victims and witnesses, there is more evidence that can often be presented in court. This includes DNA evidence, medical reports, lab reports, and reports by other health care professionals including ,mental health care professionals.

Some of these overlap with another important group: expert witnesses, who can testify on the kind of health issues the child may have suffered, what it takes to recover from or at least cope with them, common signs that someone has been abused in the first place, and so on. This will become especially crucial when it comes to negotiating damage awards.

The Two Options in Court

Since sexual abuse is a crime, the perpetrator will likely be tried in a criminal court. If convicted, they will probably receive a long prison sentence, depending on the specifics of the crime. However, since the crime and the fact that the perpetrator committed it must be proven beyond a reasonable doubt, there is a chance that they won’t be convicted. And even though a conviction, if it happens, will not compensate you for your losses, you’ll get the satisfaction that the criminal will be punished.

However, whether or not they were convicted in criminal court, you have the option of filing a civil suit against them in civil court, where you can recover financial compensation for your suffering and losses. And you should know that civil suits are much easier to win since the burden of proof is reduced and only a preponderance of evidence is needed to succeed with the case. Just be sure you have a sexual abuse attorney to help you.

What Damages Are Awarded?

Here are just some of the kinds of damages that can be awarded in sexual abuse claims: mental anguish, medical expenses, counseling, lost wages, pain and suffering, and much more. It is also possible to be awarded punitive damages.

Your lawyer will investigate the financial situation of the perpetrator to see what potential compensation would be available from that source, such as real estate, bank accounts, investments, and more. If they were not sent to jail, there would probably also be wages.

In addition, many perpetrators are part of a group or institution, including schools, churches, and so on, that may have helped them connect with their victims and are therefore alo culpable. In fact, churches and religious institutions, and even educational institutions nowadays often have insurance to cover them in the event that one of their members or employees should commit sexual abuse. So that source of money may also be available to compensate you.

What Will it Cost You To Retain a Sexual Abuse Lawyer?

If you’re wondering what it would cost you to retain a lawyer, don’t worry. You won’t pay a dime unless and until we win your case and your damage awards are disbursed. Only at that time will we collect a percentage of those damages as our fee.

So if you or someone you love has been sexually abused, get in touch. Call or email us for a free case evaluation. We will be happy to help you.