States

Statutes of Limitation

Limits on Damage Awards

Pre-trial Screening and Arbitration

Delaware

§18.6856. 2 years from injury; 3 years from discovery if latent injury. Minor: age 6 or same as adult.

§18.6855. Punitive damages may be awarded only on finding of malicious intent to injure or willful or wanton misconduct. No mandated limit.

§18.6803-6812. Medical negligence review panel part of court review; panel's findings admissible as evidence at trial.

Joint and Several Liability

Expert Witnesses

Deleware Malpractice Attorney Fees

Patient Compensation or Stabilization Fund

No separation of joint and several liability.

§18.6853-6854. Expert witness required to establish deviation from applicable standard of care unless panel found negligence to have caused injury; expert's knowledge of similar field to testify.

§18.6865. Sliding scale, not to exceed 35% of first $100,000; 25% of next $100,000; and 10% of all damages exceeding $200,000.

§18.6833. Stabilization Reserve Fund created.