Most Delaware doctors, nurses, and hospitals do good work most of the time. When something goes wrong, though, the consequences can be permanent. A missed cancer diagnosis, a surgical error, a delayed reading of a critical scan, or the wrong medication can take a routine medical visit and turn it into a life-changing event.
At Schuster Jachetti LLP, we represent Delaware patients and families in medical malpractice cases. These claims are different from car crashes or premises cases. They are governed by their own Delaware statute, they require qualified witness testimony from the start, and they cannot be filed at all without specific paperwork. We treat every potential malpractice case as the careful, deliberate review it deserves.
Joseph M. Jachetti has been admitted to the Delaware Bar since 1998. Before practicing law, he spent ten years as an insurance claims adjuster. Medical malpractice carriers are some of the most sophisticated defendants in injury practice, and that earlier experience is part of how we evaluate these cases. Hablamos Español.
If you are reading this because something went wrong with your care, we know that you are looking for answers as much as anything else. Sometimes the answer is that the conduct was negligent and we can help. Sometimes the answer is that the outcome was unfortunate but does not meet the legal standard. We will tell you which it is, in plain language, after a careful look at the records.
How Medical Malpractice Cases Work in Delaware
Delaware medical negligence claims are governed by the Delaware Medical Negligence Act, codified at 18 Del. C. § 6801 et seq. The Act sets out what a plaintiff has to prove, what filings have to accompany the complaint, and how qualified witness testimony is handled.
To win a Delaware malpractice case, a patient generally has to show four things: a duty of care from the provider; a breach of the applicable standard of care; that the breach caused harm; and damages from that harm. The standard of care is what a reasonable provider in the same field would do under similar circumstances. Almost everything turns on qualified medical opinion.
Delaware also requires that a malpractice complaint be filed with an affidavit of merit from a qualified medical witness under 18 Del. C. § 6853. The affidavit must state that there are reasonable grounds to believe negligence occurred. Filing a malpractice complaint without that affidavit can be fatal to the case. This is one reason why retaining experienced counsel early matters: the qualified review needs to start before the deadline does.
Speaking of deadlines, Delaware’s statute of limitations for medical negligence is generally two years from the date of the injury, with a limited extension of up to one additional year if the injury was not discoverable, capped at three years from the act in most cases. There are special rules for minors and for cases involving foreign objects. These deadlines are unforgiving.
Delaware also has a Medical Negligence Review Panel process and pre-suit notice requirements that can apply in some situations. The exact procedure depends on the specifics of the claim and where it is filed. The combination of qualified review, the affidavit of merit requirement, and the abbreviated discovery timetable in some malpractice cases means that the back-end work has to start well before the complaint is filed. A case that gets handed to a malpractice lawyer two weeks before the deadline is a case that often cannot be filed at all.
One more procedural point: Delaware juries hearing malpractice cases are entitled to consider whether the provider met the standard of care, not whether the outcome was bad. Bad outcomes happen in medicine without negligence. The legal question is whether the provider’s conduct fell below what a reasonable provider in the same field would have done under similar circumstances. That distinction is the heart of every honest malpractice review.
Common Types of Medical Malpractice Cases We Handle
We review and handle Delaware malpractice claims that include:
- Surgical errors — wrong-site surgery, retained instruments, and avoidable complications.
- Birth injuries — failure to monitor, delayed C-section, and oxygen-deprivation injuries.
- Misdiagnosis and missed cancer — failure to identify a treatable condition while it is still treatable.
- Delayed diagnosis — cases where treatment came too late to make a difference.
- Medication errors — wrong drug, wrong dose, or dangerous interactions.
- Anesthesia errors — awareness during surgery, hypoxic injury, and dosing mistakes.
- Emergency room negligence — failure to triage or rule out time-sensitive conditions.
- Nursing home and long-term care neglect — pressure ulcers, falls, and medication errors.
- Hospital infections — sepsis and post-surgical infections from inadequate protocols.
- Failure to obtain informed consent — procedures performed without explaining material risks.
Who Can Be Held Liable
A Delaware medical malpractice case can name any provider whose conduct fell below the standard of care, including:
- Physicians. Surgeons, anesthesiologists, radiologists, OB-GYNs, primary care doctors, and specialists.
- Nurses and physician assistants. Especially in monitoring and medication administration.
- Hospitals. Both for direct negligence and for the conduct of employed staff.
- Surgery centers and outpatient clinics. Including same-day surgical facilities.
- Nursing homes. For neglect, inadequate staffing, and failure to follow care plans.
- Pharmacies and pharmacists. For dispensing the wrong drug or missing interactions.
- Medical device manufacturers. When a defective device contributed to the injury.
Identifying the right defendants requires medical record review and, often, an early conversation with a qualified medical witness. Suing the wrong party, or missing the right one, can be expensive in a system that runs on tight deadlines and case costs.
Hospital liability is its own area of analysis. A hospital may be directly liable for things like inadequate staffing, broken equipment, or failure to enforce its own policies. It may also be vicariously liable for the conduct of employed physicians, nurses, and staff. In Delaware, however, many physicians who practice in hospitals are independent contractors rather than employees, which can affect the hospital’s responsibility for their care. The hospital’s bylaws, employment agreements, and the specifics of how the patient was treated all factor into that question.
Damages You May Be Able to Pursue
In a Delaware medical malpractice claim, you may be able to pursue compensation for:
- Past and future medical expenses — corrective surgery, ongoing therapy, prescriptions, and equipment.
- Lost wages and lost earning capacity — especially in cases that end careers.
- Pain and suffering — physical pain, mental anguish, and the human cost of permanent injury.
- Loss of enjoyment of life — activities the patient can no longer do.
- Disfigurement and scarring
- Loss of consortium — for a spouse.
- Wrongful death damages — where malpractice was fatal, available to surviving family members under Delaware’s Wrongful Death Act.
Some of these categories have evolved over the years and Delaware’s malpractice statute has its own provisions. We never promise a number. We work to obtain compensation on your behalf based on a careful, qualified-witness-supported view of the evidence.
Health insurance lien recovery is also a meaningful issue in malpractice cases. Medicare, Medicaid, and many private insurers have rights to be repaid out of a malpractice settlement for amounts they paid for treatment of the negligently-caused injury. Properly identifying, negotiating, and resolving those liens is part of the case work, not a separate afterthought. A settlement that ignores the lien picture can leave a client with unexpected bills well after the case is closed.
How Insurance Companies Handle These Claims
Joseph Jachetti spent 10 years as an insurance claims adjuster before practicing law. He knows how insurers evaluate and minimize claims — and uses that knowledge on behalf of every client.
Medical malpractice insurers are different from auto carriers. They typically have larger reserves, in-house defense counsel, and dedicated medical reviewers. They also fight harder and longer. A malpractice case may go years before a settlement conference, and the carrier expects most plaintiffs to give up along the way.
Our approach is to identify the strongest theory of negligence, retain qualified medical witnesss before suit when possible, and build the file as if it will be tried. Medical malpractice carriers respect plaintiff lawyers who know how to litigate. They are far less generous with the ones who do not. More about Joseph Jachetti’s background.
It is also worth knowing that not every potential malpractice claim turns into a viable case. After qualified review, some claims do not meet the legal standard and we tell clients that directly. We would rather be honest at the front end than spend a family’s emotional energy on a case that cannot be won. When the case is viable, we say so — and we develop it the way it needs to be developed.
Steps to Take After a Suspected Medical Error
If you believe you or a family member was hurt by medical negligence in Delaware:
- Get the right medical care. Address the injury first. Switch providers if you have lost confidence in the original team.
- Request your complete medical records. Both the records of the original treatment and any follow-up care.
- Write down everything you remember. Names of providers, dates, what was said, what was not said.
- Save communications. Patient portal messages, after-visit summaries, billing statements.
- Do not sign quick settlement offers. Some hospitals and insurers approach families early with releases.
- Avoid posting on social media about the case.
- Talk to a Delaware medical malpractice lawyer well before the deadline. Qualified review takes time.
Frequently Asked Questions
How long do I have to file a malpractice claim in Delaware?
Delaware generally allows two years from the date of the injury under the Medical Negligence Act, with a limited extension of up to one additional year for injuries that could not have been discovered. Different rules apply for minors and certain narrow categories. Do not wait until the last month to call a lawyer — qualified review needs lead time.
What if I am not sure my injury is malpractice?
Most calls we get start that way. Bad outcomes are not always negligence. We review the records, talk with a qualified medical witness when appropriate, and tell you straight whether we think there is a case worth pursuing.
How much does a Delaware medical malpractice lawyer cost?
We handle malpractice cases on a contingency fee. There are no upfront attorney fees. Costs of qualified review and litigation are advanced by the firm and reimbursed from the recovery. Initial consultations are free and confidential.
What’s my malpractice case worth?
Malpractice values vary widely with the severity and permanence of the injury, the strength of the qualified medical opinions, and the available coverage. We give clients a range only after the experts have weighed in.
Do I have to go to court?
Some malpractice cases settle. Many do not, at least not until a lawsuit has been filed and depositions are taken. We prepare every case for trial because trial preparation is what gives a case its leverage.
Will my providers find out I am exploring a malpractice claim?
Initial consultations are confidential. Records requests during the review phase are routine and do not, by themselves, alert the provider that litigation is being considered. Once a complaint is filed and a defendant is served, of course, the provider learns about it — but that is a step we discuss with you carefully before it happens.
What about cases involving family members of someone who died?
When malpractice causes a death, Delaware law allows surviving family members and the estate to bring claims under the Delaware Wrongful Death Act and through a survival action. We coordinate the malpractice review with the wrongful death analysis from the start, including the affidavit of merit, the appointment of a personal representative, and any deadlines unique to the underlying medical specialty involved.
Schuster Jachetti LLP Serves Patients Across Delaware
We meet clients at any of our four offices:
- Wilmington — (302) 966-8684
- Smyrna — (302) 775-0728
- Georgetown — (302) 877-9524
- Lewes — (302) 527-9513
Sitewide intake: (302) 984-1000. Confidential consultations are available by phone or video for clients who cannot travel.
Talk to a Delaware Medical Malpractice Lawyer Today
If you suspect a medical error caused real harm to you or someone you love, do not wait until the deadline is around the corner. We will review the records and tell you honestly what we see.
Free Consultation — No Fee Unless You Recover
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
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