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 »
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 »
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 you try Jim...Read more »
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.
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 attorney so...Read more »
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 lawyers'...Read more »
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 »
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 »
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