Experienced Wilmington Attorneys For People Injured By Medical Malpractice

Last updated on June 15, 2026

Medical malpractice occurs when a healthcare provider causes harm to a patient through negligent care. While not every poor medical outcome constitutes malpractice – as procedures inherently carry risks – preventable errors that result in injury may entitle a patient to compensation.

When these devastating mistakes happen, our experienced Wilmington medical malpractice lawyers at Dalton & Associates, P.A., are here to help you. We represent victims of serious medical errors throughout New Castle County and the surrounding Delaware communities, holding negligent providers accountable.

Serving medical malpractice clients since 1987, our firm is known for its committed service, extensive experience and history of positive results. Our Wilmington medical malpractice attorneys consistently receive numerous awards, including being named Top Medical Malpractice Lawyer in Delaware by Delaware Today. When a healthcare crisis disrupts your life, our proven team stands ready to fight for your recovery.

What Elements Are Needed To Prove Healthcare Negligence?

To demonstrate that medical malpractice occurred, you must show the following four elements:

• Duty: The provider owed a professional duty to the patient
• Breach: The provider deviated from the standard of care
• Causation: This deviation caused harm to the patient
• Damages: The patient suffered serious, permanent injury or death as a result of the harm

Our medical negligence attorneys know what it takes to gather proof of standard of care breaches and build an effective case to prove medical malpractice.

The Role Of An Affidavit Of Merit In A Medical Malpractice Claim

One of the earliest and most important requirements in a medical malpractice case is the “Affidavit of Merit.” Understanding what this document is, why it matters and how it supports your claim can make a significant difference in how your case proceeds.

An Affidavit of Merit is a sworn statement from a qualified medical professional who has reviewed the facts of the case. In the affidavit, the expert must confirm that the defendant failed to meet the applicable standard of care and that this failure contributed to the patient’s injuries or the worsening of their condition.

Delaware law requires this document as part of any medical malpractice filing. Under Title 18, Chapter 68, Section 6853 of the Delaware Code, an Affidavit of Merit must accompany the complaint. Its purpose is to prevent weak or unfounded lawsuits from advancing, ensuring that only legitimate medical negligence claims move forward.

To obtain an Affidavit of Merit, the plaintiff must seek an evaluation from a medical professional who is qualified to assess the specific type of alleged negligence. If the expert lacks appropriate credentials or if the affidavit is incomplete, the court may dismiss the claim outright.

However, securing an Affidavit of Merit can be challenging. A brief statement from a doctor is insufficient. The affidavit must be properly drafted, meet strict statutory requirements and be filed within the medical malpractice statute of limitations.

Beyond simply meeting a legal requirement, we use only the most qualified medical experts to sign an Affidavit of Merit. Though the Affidavit of Merit may be filed under seal without disclosing the expert’s identity, we frequently disclose the identity of our expert to the other side upon filing. This signals the strength and credibility of our case. The expert’s credentials and the Affidavit of Merit are early signals to the opposing party that the case not only meets the requirements of Delaware law but is also a compelling case of medical malpractice. This places the plaintiff in a stronger position before discovery, settlement negotiations and trial.

Our experienced Delaware medical malpractice attorneys can help you obtain the necessary Affidavit of Merit and ensure your claim is positioned for success.

Experienced Malpractice Services

We help patients pursue compensation in medical malpractice cases, such as those involving:

• Doctor negligence lawsuits
• Nursing negligence claims
• Surgical negligence
• Pharmacy negligence and medication mistakes
• Failure to diagnose and misdiagnosis
• Informed consent violations
• Birth injuries

No matter how your injury occurred, our legal team is prepared to investigate the details and fight for the accountability you deserve.

Phases Of A Medical Negligence Case

Resolving a medical malpractice claim involves a clear, step-by-step legal process. Because these cases are highly technical, they often require careful preparation from the very beginning. Here is what you can expect as your case moves forward:

• Your free consultation: First, we listen to your story and evaluate your medical records. We look at the facts to determine if a healthcare provider’s actions clearly fell below acceptable medical standards.
• Investigation and expert review: Next, we gather your complete charts and calculate your financial losses. We partner with independent medical experts to formally confirm that negligence caused your injury.
• Filing the complaint: Once we have expert backing, we file a formal lawsuit in court. This document outlines our specific allegations against the doctor or hospital and details the compensation we are seeking for you.
• The discovery phase: During this stage, both sides exchange evidence. We request internal hospital records, review staff communications and conduct sworn, out-of-court interviews with the medical staff involved in your care.
• Settlement negotiations: Armed with the evidence, we enter negotiations with the insurance company. If they offer a fair settlement that fully covers your medical bills, lost wages and suffering, your case resolves right here.
• Trial and resolution: If the insurance company refuses to pay what you deserve, our experienced trial lawyers are fully prepared to present your case to court to fight for a fair verdict.

We handle all the complex deadlines and paperwork throughout each phase so your family can focus entirely on healing.

The Timeline For Filing A Medical Malpractice Claim In Delaware

Delaware law places strict deadlines on when a medical malpractice lawsuit may be filed, and missing these deadlines can permanently bar a claim. Understanding how the statute of limitations works is critical for anyone who believes a healthcare provider caused preventable harm.

In most situations, a medical malpractice claim must be filed within two years from the date the injury occurred. This general rule applies to claims involving personal injury as well as injuries that later result in death. The clock typically starts running on the date of the negligent act or omission, not when treatment ends or complications become severe.

Delaware law recognizes that some medical injuries are not immediately apparent. If an injury could not reasonably have been discovered within the initial two-year period, the filing deadline may extend to three years from the date of the injury. This limited extension only applies when the patient truly had no way to identify the harm earlier through reasonable diligence. Courts interpret this exception narrowly, which makes early investigation especially important.

Special rules apply to young children. When a medical malpractice claim involves a child under the age of six, the lawsuit may be filed up to the child’s sixth birthday or within the standard limitation period, whichever allows more time. This provision acknowledges that injuries to very young children may not be fully recognized right away.

Delaware law also treats claims involving sexual abuse of a child patient by a health care provider differently. These claims are not subject to the standard medical malpractice limitation periods and may be brought long after the abuse occurred. Additional rules govern claims against institutions connected to the provider and impose higher standards for liability.

There is also a limited tolling option available. A potential plaintiff may extend the filing deadline by up to 90 days by sending a formal Notice of Intent to Investigate to each potential defendant before the statute expires. This notice must meet specific requirements and must not be filed with the court unless a lawsuit follows during the tolling period.

Talk To A Wilmington Medical Malpractice Attorney For Free

Call us at 302-549-0093 or email us today for a free consultation. We use a contingency fee system in medical malpractice cases, meaning we only charge you for our services if we get you compensation.