Delaware Medical Malpractice Lawyer Discusses the Statute of Limitations
If you’ve been injured by the negligence of a doctor or hospital, you have 2 years from the date of the negligent act within which to file a lawsuit in Delaware. A lawsuit that’s filed with the court even 1 day after this 2 year period will be dismissed due to the statute of limitations. However, the law gives you an additional 90 days to file your lawsuit if you carefully follow the rules relating to “Notice of Intent To Investigate.”
“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(s) by certified mail, return receipt requested, at the defendant(s’) regular place of business. The notice shall state the name of the potential defendant(s), 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.”
To show you how strictly you must follow this procedure, a medical malpractice lawsuit was thrown out by the Delaware Supreme Court because the plaintiff sent his Notice of Intent by federal express instead of by certified mail, return receipt requested.
If you or a loved one is injured or killed as a result of medical malpractice, contact the law offices of Charles Snyderman and find out all about your rights and remedies.
