Lawyers, Answer Questions  & Get Points Log In
Delaware Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Delaware on
Q: i have a mal practice question regarding surgery i had on my foot

i had a surgery on my left foot.i went to a foot dr. (podiatrist) and told him i had numbness in 2 of my toes so he sent me for an exray went back he said he was still unsure so he sent me for a mri went back and he said i know what it is and that i would need surgery ok so i had surgery and in... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 6, 2021

A Delaware attorney could advise best, but your question remains open for five weeks. You could reach out to discuss with attorneys - the fact that you don't have money to hire an attorney is not generally a concern with med mal cases. They are usually handled on a contingency basis. In terms... Read more »

1 Answer | Asked in Medical Malpractice for Delaware on
Q: filing a medical negligence case have no lawyer . What are next steps
Tim Akpinar
Tim Akpinar answered on Feb 16, 2020

A med mal case is too complex a matter on which to give cookbook-style step-by-step instructions. If someone replied to you along the lines of: serve summons and complaint, conduct discovery, file note of issue, await trial, select jury, etc., it would be worthless. The entire process can take... Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for Delaware on
Q: I need to know if i have a case, malpractice or at this time wrongful death for spouse

spouse went in for open heart surgery 8/2015, walked in and never walked again, he died 2/2017 at a long term care facility. Many complications during surgery and afterwards, finally after year of hospital stay went to rehab, vent dependent, then trach was changed during a brief visit to hospital... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 9, 2017

Suggest you contact a member of the Delaware Ass'n for Justice like Thomas Crumplar--you can tell him I suggested you call. Malpractice cases are tough, and a bad result doesn't mean you have a case--even a horrible result. But you should check with Mr. Crumplar. If he can't help... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Delaware on
Q: Does a firm have to tell you they represent the party you're seeing them about suing, or can they string you along?

And then try to persuade you that you don't have a case. The time is almost up to file so we contacted them again to see if they would at least do a letter for us to extend it. They say they can't because it would be a conflict of interest.

Peter N. Munsing
Peter N. Munsing answered on Jul 31, 2016

Find out why it's a conflict. If they had been representing the other party they should have told you so. If it's that they represent a potential witness, that is a little different--a conflict but they only have to tell you when they figure it out. However you need to find another... Read more »

1 Answer | Asked in Medical Malpractice for Delaware on
Q: I fell off scaffold had surgery the doctor some how got my bicep muscle in my shoulder and missed a slaptear i

And missed a slap tear in my shoulder I have a workers comp lawer he told me does not do malpractice cases the mistake the doctor made cost me job opportunity's I was wondering if I have a case

Robert D. Kreisman
Robert D. Kreisman answered on Jan 26, 2015

I understand that your injury was exacerberated by what may amount to medical negligence. The problem in my opinion with your description is that from a lawyer's point of view, the damages that you may prove would not economically be a feasible and satisfactory result for you and your... Read more »

1 Answer | Asked in Medical Malpractice for Delaware on
Q: Can I sue my doctor if im pregnant after a tubal ligation?
Charles Snyderman
Charles Snyderman answered on Nov 12, 2013

Whether you can bring a successful lawsuit against the doctor depends on whether the doctor breached the standard of care, and if he did, whether that breach resulted in harm to you. Before a lawsuit can be filed in Delaware for medical malpractice, an affidavit of merit must be obtained from a... Read more »

2 Answers | Asked in Medical Malpractice for Delaware on
Q: During lung surgery surgeon ruptured my breast implants. permanent damage involved to breast and lungs
Charles Snyderman
Charles Snyderman answered on Jan 11, 2013

I am sorry to hear about your injuries. You have 2 years from the date of the surgery within which to sue. In order to file a medical malpractice lawsuit in Delaware, you will need an attorney. Before the attorney can file suit on your behalf,the attorney will want to have copies of your medical... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.