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Medical Malpractice Rules in Delaware

The deadline to file a medical malpractice claim in Delaware, the discovery rule, and caps on damages.

Short answer: A medical negligence claim against a health care provider (including one resulting in death) must be filed within 2 years from the date of the injury. Del. Code tit. 18, § 6856

Medical malpractice deadlineA medical negligence claim against a health care provider (including one resulting in death) must be filed within 2 years from the date of the injury. If the injury could not reasonably have been discovered within those 2 years, the claim may be filed up to 3 years from the date of injury, and not after. A child under 6 has until the later of those deadlines or the child's 6th birthday. Sending a Notice of Intent to investigate to each potential defendant by certified mail extends the deadline by up to 90 days.
Re-verified 2026-10-27.

More Delaware personal injury & wrongful death

FAQ

What is the statute of limitations for medical malpractice in Delaware?
A medical negligence claim against a health care provider (including one resulting in death) must be filed within 2 years from the date of the injury. If the injury could not reasonably have been discovered within those 2 years, the claim may be filed up to 3 years from the date of injury, and not after. A child under 6 has until the later of those deadlines or the child's 6th birthday. Sending a Notice of Intent to investigate to each potential defendant by certified mail extends the deadline by up to 90 days.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.