Doctors and nurses are human, but there is little room for error when a person’s life or health is on the line. If you suspect that medical negligence caused a family member’s injury, illness or death, you will need an experienced medical malpractice attorney to hold the medical professionals or the hospital accountable.
The law firm of Rhoades & Morrow has helped victims of medical negligence obtain compensation for their adverse outcomes; we have won medical wrongful death cases. Contact us for a free consultation to discuss a medical malpractice claim in Delaware.
Our medical malpractice attorneys developed a network of experts in many fields of medicine who can examine the medical records to determine if the standard of care was breached and testify why it constituted negligence. We are prepared to handle the full spectrum of medical malpractice and hospital malpractice lawsuits, including:
Birth injury or OB/GYN negligence resulting in cerebral palsy, nerve damage, deformity, infant death, or harm to the mother
Failure to diagnose cancer or serious illness at a treatable stage
Failure to disclose important information about a disease or treatment
Failure to identify and treat heart attack, stroke, blood clots, sepsis, and other life-threatening conditions
Lab errors (X-ray, CT scan, MRI, biopsy)
Medication errors (wrong drug, wrong dosage, contraindications)
Surgical errors (wrong procedure, wrong body part, perforated bowel, severed nerve or artery, anesthesia error)
Medical negligence cases are expensive and commonly go to the eve of trial if not all the way to a jury. If your family member suffered or died from substandard medical care, veteran trial lawyer Joseph Rhoades and his staff have the experience, the resources, and the commitment to go the distance. We pursue full compensation for lost income and medical intervention, as well as damages for the victim’s disability, pain and suffering or appropriate damages for other family members.
In Delaware, several parties can potentially be held accountable in medical malpractice cases, depending on the specific circumstances. The medical professional has any medical staff can be
The following entities and individuals may be held liable:
This includes doctors, surgeons, nurses, anesthesiologists, therapists, technicians, physician assistants, and any other medical professionals directly involved in your treatment.
Hospitals can be held accountable for the actions or negligence of their employees, including doctors and nurses if they were acting within the scope of their employment.
If the injury or harm resulted from a medication error, defective medical device, or dangerous drug, the pharmaceutical company may be held responsible.
If diagnostic errors or mistakes in laboratory testing led to your injuries or worsened your condition, the laboratory or testing facility may be liable.
Ambulatory surgical centers, nursing homes, clinics, and other healthcare facilities may also be held accountable if their negligence or inadequate care contributed to your injuries.
It’s important to note that identifying the responsible parties in a medical malpractice case can be complex. Our experienced medical malpractice attorneys will thoroughly investigate your case, review medical records, consult with experts, and determine the appropriate parties to hold accountable based on the specific facts of your situation.
We take medical malpractice cases in New Castle County, Kent County, and Sussex County in Delaware. Call our Wilmington office at (302) 427-9500 or contact us online. We also have offices in Newark and Milford for your convenience. We can arrange evening and weekend appointments, as well as home or hospital visits.
Determining if you have a medical malpractice case requires a thorough evaluation of your situation by an experienced medical malpractice lawyer. Generally, a successful medical malpractice case must demonstrate that the healthcare provider breached their duty of care, causing injury or harm. If you suspect that you or a loved one has been a victim of medical malpractice, consult with a lawyer who can assess the details of your case and advise you on the best course of action.
You may be eligible to recover various types of damages, including economic and non-economic damages if you can prove medical malpractice. Economic damages cover tangible losses such as medical expenses, lost wages, rehabilitation costs, and future medical care. Non-economic damages encompass pain and suffering, mental anguish, emotional distress, loss of enjoyment of life, and other intangible losses. Depending on the facts and circumstances there may be punitive damages. The specific damages you can recover depend on the circumstances of your case and the laws of Delaware.
In Delaware, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date of injury or from the date when the injury should have been reasonably discovered. However, there are exceptions and variations based on certain circumstances. It is crucial to consult with a medical malpractice lawyer promptly to ensure you meet the applicable deadlines and preserve your right to pursue a claim.
A medical malpractice lawyer can provide invaluable assistance throughout your case. They can conduct a thorough investigation, gather evidence, consult medical experts, and build a strong legal strategy. They will handle all legal aspects, including negotiating with insurance companies, filing the necessary paperwork, and representing your interests in court if required. Additionally, a skilled lawyer can guide you through the complex legal process, provide support and advocacy, and work to maximize your compensation.
Many medical malpractice lawyers work on a contingency fee basis, which means they only get paid if they successfully recover compensation on your behalf. They typically offer free initial consultations to assess your case. If you have a valid claim, they will handle your case without requiring upfront payment, and their fees will be a percentage of the final settlement or court award. This arrangement helps make legal representation accessible, even if you cannot afford upfront legal fees.
Signing a consent form does not necessarily waive your right to file a medical malpractice claim. Consent forms typically inform patients about the risks associated with a medical procedure or treatment, but they do not protect healthcare providers from liability in cases of negligence or substandard care. If you believe you have been a victim of medical malpractice, consult with a lawyer to discuss the specific details of your situation.
If medical malpractice led to the wrongful death of a loved one, you may have grounds for a wrongful death claim. In Delaware, certain family members, such as spouses, children, or parents, may be eligible to file a wrongful death lawsuit seeking compensation for the financial and emotional losses resulting from the death.
No, there is no specific cap on damages in medical malpractice cases in Delaware. However, there are limitations on non-economic damages, commonly known as “pain and suffering” damages, in certain situations. It is advisable to consult with a medical malpractice lawyer who can provide guidance on the potential damages you may be able to recover based on the specifics of your case.
Yes, it is possible to sue multiple parties in a medical malpractice case if there are multiple individuals or entities responsible for the negligent actions or omissions that caused your injuries. This can include doctors, nurses, hospitals, medical facilities, or pharmaceutical companies, depending on the circumstances of your case.