Health Justice Transformation - Delaware

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

None

Joint Liability for Multiple Defendants

No. Defendants are jointly and severally liable.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes. Defendant may submit evidence of collateral sources of payment. These sources may not include life insurance or private collateral sources.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes, court may award periodic payments.

Limitation of Plaintiff's Attorneys Fees

Yes, limited to 35% of first $100,000; 25% of the next $100,000; 10% of any remaining award.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Review panels may be used to review claims and advise the court on whether there was a breach of the standard of care. Any opinion by the review panel is admissible as prima facie evidence at trial but is generally not considered a conclusive opinion.

Standards for Expert Testimony/Witness

Expert testimony is required to establish a deviation from the standard of care, unless the medical malpractice review panel has found a valid claim of negligence or where the facts clearly demonstrate a lack of due care. No person shall be competent to give expert medical testimony as to the applicable standard of skill and care unless such person is familiar with the degree of skill ordinarily employed in the field of medicine on which he/she will testify.