Delaware Statute of Limitations for Medical Malpractice
In Delaware, the statute of limitations for medical malpractice is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: Del. Code tit. 18, § 6856.
- 2 years from the date of injury. Discovery rule extends to 3 years from the act in some cases.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
2 years from the date of injury. Discovery rule extends to 3 years from the act in some cases.
General Delaware Rules
Delaware has relatively short statutes of limitations, with 3 years for contract claims and 2 years for personal injury. The discovery rule applies to fraud and medical malpractice claims. Delaware also has a robust body of case law on tolling doctrines given its prominence as a corporate jurisdiction.
Other Statutes of Limitations in Delaware
Medical Malpractice in Other States
Frequently Asked Questions
-
What is the statute of limitations for medical malpractice in Delaware?
The statute of limitations for medical malpractice in Delaware is 2 years. Citation: Del. Code tit. 18, § 6856.
-
When does the clock start for medical malpractice in Delaware?
2 years from the date of injury. Discovery rule extends to 3 years from the act in some cases.
-
Can the statute of limitations for medical malpractice be extended in Delaware?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.