Medical malpractice can have devastating consequences, impacting your health, finances, and overall well-being.

If you or a loved one has suffered due to medical negligence, you don’t have to face this challenge alone. Baird Mandalas Brockstedt & Federico is here to help.

Our medical malpractice lawyers in Delaware are ready to help you seek justice and recover the compensation. Contact our office today to learn about your legal options.

What Is Medical Malpractice?

Medical malpractice occurs when a medical provider fails to provide the acceptable standard of care. These incidents fall under the legal concept of negligence.

If you want to take legal action, you will need to provide these elements:

  • Duty of care. Healthcare providers have a legal obligation to adhere to a standard of care. You need to show that you were a patient and that the provider owed you a duty to act reasonably.
  • Breach of duty. If a healthcare provider fails to meet this standard, they have breached their duty. This can occur through errors in diagnosis, treatment, aftercare, or health management.
  • Causation. For a medical malpractice claim to be valid, there must be a direct causal link between the breach of duty and your injuries. This means showing that the injury would not have occurred without the provider’s negligence.
  • Damages. You must demonstrate that your injury led to specific damages. These can include anything from medical expenses to emotional pain and suffering.

If you believe you’ve been a victim of medical malpractice, it’s crucial to speak with a lawyer. Our Delaware medical malpractice lawyers can evaluate the strength of your case and prepare a personal injury claim.

Common Types of Medical Malpractice Injuries

Medical malpractice can lead to a range of injuries, some of which can have lasting impacts on a patient’s life.

Here are some of the most common incidents we see:

  • Surgical errors. Mistakes can include operating on the wrong body part to leaving surgical instruments inside the patient’s body. These errors lead to severe complications and additional surgeries.
  • Misdiagnosis or failure to diagnose. Failing to diagnose a medical condition can result in delayed treatment, worsening of the condition, or even death.
  • Medication errors. Mistakes in administering medication can lead to dangerous drug reactions and overdoses.
  • Birth Injuries. Errors during labor and delivery can result in birth injuries like cerebral palsy, brachial plexus injuries, and other permanent disabilities.
  • Anesthesia errors. Some providers administer anesthesia incorrectly, causing brain damage, organ failure, or even death.
  • Hospital-acquired infections. If hospitals aren’t kept sterile, patients can develop infections, prolonging treatment and worsening health outcomes.

Contact BMBF if you were hurt while getting medical care. We can investigate your injury and see if you qualify for compensation.

How Can a Medical Malpractice Lawyer Help?

Our medical malpractice lawyers in Delaware are here to assist you in getting justice for your injuries. Here is an overview of some of the ways we can help during this process.

Investigate the Claim 

A medical malpractice lawyer will investigate your claim to spot all potential issues. This involves obtaining and reviewing medical records and piecing together the timeline of events that led to the injury.

The investigation aims to establish a clear connection between the provider’s actions and your harm.

Work with Experts

Medical malpractice cases often need expert testimony to explain complex medical concepts and establish the standard of care expected in a particular situation.

Our lawyers have access to a network of qualified medical experts who can provide invaluable insights and support. These experts know how to explain nuanced topics in simple terms for jurors to understand.

Negotiate with Insurance Companies

Dealing with insurance companies can be daunting. They often hold all the power and use clever tactics to minimize liability. That’s why your medical malpractice lawyer will handle all communications with insurance adjusters.

They will advocate for your rights and work to secure a fair settlement that adequately compensates you for your damages.

Take Your Case to Trial

If we can’t reach a fair settlement through negotiation, your lawyer will be prepared to advocate for you in court. With their experience in medical malpractice law and litigation, they will present your case persuasively to a judge and jury.

From preparing compelling arguments to cross-examining witnesses, your lawyer will tirelessly work to achieve the best possible outcome for you in the courtroom.

Damages Available in Medical Malpractice Cases

You may be eligible for various types of compensation to address all losses due to the provider’s negligence. Understanding the types of damages available is crucial for assessing the full impact of the injury and seeking an appropriate settlement.

Our clients often seek the following damages in medical malpractice cases:

  • Medical expenses. Compensation for medical costs covers hospitalization, surgery, medication, and any other necessary medical treatments resulting from the malpractice.
  • Lost income. You can receive compensation for lost wages or income if the injury prevents you from working or requires time off for recovery.
  • Pain and suffering. These aim to compensate you for physical discomfort, emotional distress, and mental anguish caused by the malpractice.
  • Disability or disfigurement. You can demand compensation that addresses the impact the incident has on your quality of life.
  • Wrongful death. If medical malpractice leads to death, surviving relatives can seek compensation for their losses. These can include funeral expenses, lost financial support, and the emotional toll of losing a loved one.

Contact BMBF to learn the value of your claim. Our lawyers can here to determine the full extent of your damages and advocate for maximum recovery on your behalf.

Frequently Asked Questions 

Dealing with injuries due to medical malpractice can be confusing. It’s normal to have questions about this process, and BMBF is here to help. We’ve prepared these answers for common questions we get from clients.

What Is the Statute of Limitations for Medical Malpractice in Delaware?

In Delaware, the statute of limitations for filing a medical malpractice lawsuit is two years from the date of the alleged medical error.

However, if you didn’t know about the injury or couldn’t discover it, you can extend the time limit to three years from the date of the incident. Likewise, 

What Should I Do If I Suspect Medical Malpractice?

If you suspect medical malpractice, it’s essential to act fast. First, seek medical attention from a different provider to address any health issues and prevent further harm.

Then, gather all medical records and document everything related to the suspected malpractice.

It’s best to avoid direct communication with the potential defendants or discussing the case on social media. Lastly, meet with our Delaware medical malpractice attorneys to take legal action.

How Much Will It Cost to Hire a Medical Malpractice Lawyer?

Our medical malpractice lawyers operate on a contingency fee arrangement. Consultations are free, and you never have to pay any upfront fees. We only charge you a fee if we get a settlement or court judgment. 

Speak with Our Medical Malpractice Lawyers in Delaware

If you or a loved one has been affected by medical malpractice, our team of award-winning lawyers in Delaware is here to help.

With decades of experience handling complex medical negligence cases, we are committed to advocating for your rights and pursuing the compensation you deserve. 

Don’t navigate this challenging time alone—schedule a free consultation with us today.