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What Is the Statute of Limitations for Medical Malpractice in Delaware?

In Delaware, the statute of limitations for medical malpractice is generally 2 years under 18 Del. C. § 6856.

2 YEARS
Medical Malpractice · Delaware
2 Years (3-yr cap)
✓ Verified Checked Sep 2026

Medical malpractice Deadlines in Delaware

How long do you have to file a medical malpractice claim in Delaware?

In Delaware, the statute of limitations for medical malpractice is generally 2 years under 18 Del. C. § 6856. The full rule is: 2 Years (3-yr cap).

When does the clock start for medical malpractice in Delaware?

Two years from the date the injury was discovered or should have been discovered, with an absolute cap of three years from the act or omission.

Can the Delaware deadline for medical malpractice be extended?

The three-year cap is tight — shorter than most states' repose periods. An affidavit of merit is required at filing. Repoint the URL to tit. 18.

Is the deadline different if the claim is against the government in Delaware?

Often, yes. Notice within 1 year for municipal claims under 10 Del. C. § 8124. Section 8124 requires notice of a claim against a municipality within one year of the occurrence. The County and Municipal Tort Claims Act, 10 Del. C. ch. 40, governs governmental immunity and limits the categories of claim that may be brought at all. Not conf…

How does Delaware compare to other states for medical malpractice?

Delaware's 2 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →

What Does Medical Malpractice Cover?

Situations that typically fall under the medical malpractice deadline in Delaware:

01 Surgical errors and wrong-site surgery
02 Misdiagnosis or delayed diagnosis
03 Medication errors and dosage mistakes
04 Birth injuries to mother or child
05 Anesthesia errors
06 Hospital-acquired infections from negligence
07 Failure to monitor or treat properly
08 Premature discharge causing harm
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Other Filing Deadlines in Delaware

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed Delaware attorney can tell you the deadline that applies to your situation.
See every filing deadline in Delaware, or compare medical malpractice across all states.
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