FB Delaware Statute of Limitations for Birth Injuries, Medical Malpractice

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Delaware

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SOL for Medical Malpractice Claims (Minor Plaintiffs): 6 years

SOL for Medical Malpractice Claims (Parental Claims): 2 years

SOL for Wrongful Death Claims: 2 years

Delaware Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

6 years: 18 Del. C. § 6856: A minor under the age of 6 years shall have until the latter of time for bringing such an action as provided for hereinabove or until the minor’s 6th birthday in which to bring an action.

Delaware Statute of Limitations for Medical Malpractice Claims (Parental Claims)

2 years: 18 Del. C. § 6856: 2 years after cause of action or if injury was unknown to and could not in the exercise of reasonable diligence have been discovered by the injured person, such action may be brought prior to the expiration of 3 years from the date upon which such injury occurred, and not thereafter.

Delaware Medical Malpractice Claim Caps

Not applicable for the state of Delaware.

Delaware Statute of Limitations for Wrongful Death Claims

2 years: 18 Del. C. § 6856: “No action for the recovery of damages upon a claim against a health-care provider for personal injury, including personal injury which results in death, arising out of medical negligence shall be brought after the expiration of 2 years from the date upon which such injury occurred…” Can be tolled for 90 days for investigation § 6856(4) “A plaintiff may toll the above statutes of limitations for a period of time up to 90 days from the applicable limitations contained in this section by sending a Notice of Intent to investigate to each potential defendant or defendants by certified mail, return receipt requested, at the defendant’s or defendants’ regular place of business. The notice shall state the name of the potential defendant or defendants, the potential plaintiff and give a brief description of the issue being investigated by plaintiff’s counsel. The 90 days shall run from the last day of the applicable statute of limitations contained in this section. The notice shall not be filed with the court. If suit is filed after the applicable statute of limitations in this section, but before the 90-day period in this section expires, a copy of the notice shall be attached to the complaint to prove compliance with the statute of limitations.”

Delaware Wrongful Death Claim Caps

Not applicable for the state of Delaware


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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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