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When you see a doctor in Delaware, you expect accurate answers. But what happens when a doctor fails to correctly diagnose your illness? Misdiagnosis can delay treatment, cause unnecessary procedures, and even cost lives. If this has happened to you or a loved one, you may be wondering: Can you sue a doctor for misdiagnosis in Delaware? The short answer: Yes. However, there are strict legal requirements and deadlines.
As experienced Delaware medical malpractice attorneys, we’ll explain:
- What misdiagnosis is under Delaware law
- When it qualifies as malpractice
- How long you have to file a lawsuit
- What damages you can recover
- Steps to take if you suspect you were misdiagnosed
Suing a Doctor For Medical Misdiagnosis
When you turn to a doctor, you expect clear answers and the right treatment, but sometimes even good doctors make mistakes that can have serious consequences. A misdiagnosis can mean delayed treatment, unnecessary procedures, or worsening health — leaving you and your family with confusion, stress, and mounting costs. Proving that a doctor’s error caused harm is complicated, requiring medical experts, careful investigation, and an understanding of the law. A skilled medical malpractice lawyer can help you navigate this process with compassion and determination, giving you the best chance at accountability and fair compensation.
What Is Misdiagnosis?
Misdiagnosis happens when a healthcare provider fails to identify your true medical condition, leading to delayed treatment, incorrect treatment, or no treatment at all. For patients, this often means unnecessary suffering, worsening health, and medical bills that could have been avoided with proper care.
Common types include:
- Failure to diagnose (missing the condition entirely)
- Incorrect diagnosis (diagnosing the wrong illness)
- Delayed diagnosis (recognizing the condition too late)
- Failure to recognize complications (missing critical changes in your condition)
Frequently misdiagnosed conditions include:
Can Misdiagnosis Be Malpractice?
Not every wrong diagnosis is malpractice. Delaware law only considers it malpractice if the provider breached the accepted standard of care for their specialty.
To increase your chances of winning a misdiagnosis lawsuit in Delaware, you must prove:
- Duty of Care (you were a patient, and the provider owed you a legal duty);
- Breach of Duty (the provider failed to meet the standard of care);
- Causation (the breach caused harm that could have been avoided); and
- Damages (you suffered measurable losses)
What Is Delaware’s Standard of Care For Malpractice Lawsuits?
Under 18 Del. C. § 6801(6), the standard of care is the level of skill and care ordinarily employed by a medical provider in the same or similar specialty as your doctor.
In misdiagnosis cases, an expert witness (usually another doctor in the same specialty) must testify about what a competent provider would have done, how your doctor’s conduct fell short, and how this caused your injury. This testimony helps bridge the gap between complex medical standards and your personal experience, making clear to the court how the mistake impacted your life. Having the right expert on your side can make or break a misdiagnosis case.
Under 18 Del. C. § 6856 (i.e. Delaware Statute of Limitations for Misdiagnosis Claims), you have 2 years from the date of malpractice to file suit. However, if the injury wasn’t discoverable in time, you may have up to 3 years. Children under 6 years old must file by their 6th birthday.
⚠️ Missing these deadlines means losing your right to sue. Act quickly.
Damages in a Delaware Misdiagnosis Lawsuit
If you prove your case, you can recover compensation for:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Wrongful death damages (if applicable)
Delaware does not cap, or limit, compensatory damages in malpractice cases.
Challenges in Misdiagnosis Lawsuits
These cases can be complex because medicine involves judgment, which means two doctors may reasonably disagree. So, the defense may argue the outcome wouldn’t have changed even if your doctor had provided competent care. It can feel discouraging to hear that your pain might be minimized as just a ‘difference of opinion,’ but if your health has suffered, you deserve answers and accountability.
To counter the defense’s claim, we need to build a robust case with expert testimony, which is mandatory under 18 Del. C. § 6853. The state of Delaware requires a Certificate of Merit to be signed by a medical expert when you file your med mal claim. Our role is to guide you through this process, connect you with trusted experts, and ensure your voice is heard.
Can You Sue a Doctor for Misdiagnosis in Delaware: FAQs
Here are some frequently asked questions during our consultations:
What Is the Time Limit To Sue a Doctor in Delaware?
In most cases, you have 2 years from the date of the misdiagnosis to file, though limited exceptions may extend or shorten that deadline.
Do I Need an Expert Witness?
Yes. Delaware law requires a Certificate of Merit from a qualified medical expert confirming that your claim has a valid basis before you can file.
Can I Sue For Delayed Diagnosis?
Yes, you may be able to if the delay in diagnosis caused your condition to worsen or led to additional harm that could have been avoided.
How Much is My Case Worth?
The value of your case depends on many factors, including your medical expenses, lost income, pain and suffering, and the long-term impact on your life.
Have Questions? Speak To a Delaware Misdiagnosis Lawyer at Shelsby & Leoni
At Shelsby & Leoni, we offer free consultations so you can discuss your case with an experienced attorney before making any decisions. A skilled Delaware medical malpractice attorney will:
- Review your medical records for signs of negligence
- Consult with medical experts
- Handle all legal filings and deadlines
- Negotiate or take your case to trial
We understand both Delaware’s legal requirements and the medical complexities that make these cases difficult. In conclusion, yes, you can sue a doctor for misdiagnosis in Delaware if you can prove they breached the standard of care and caused you harm. But time is short, and the process is complex. That’s why speaking with an experienced med mal attorney as soon as possible is the best way to protect your rights and build a strong case. You can fill out our online case review form to get started.
