Delaware · Medical Malpractice
Delaware medical malpractice damage caps and statute of limitations
Refreshed 2026. No cap damage cap. 2 years from injury. Full breakdown below.
Damage caps
No statuteNon-economic damages cap
None
Total damages cap
None
Status
no cap
Notes
No damage cap enacted.
Statute of limitations
DE Code Ann. tit. 18, § 6856Standard SOL
2 years from injury
Discovery rule
Limited; 1 year from discovery if injury not immediately apparent, max 3 years from act
Statute of repose
3 years from act or omission
Minor exception
Tolled during minority; SOL begins at age 18 but subject to 3-year repose
Wrongful death SOL
2 years from date of death
Beyond the lookup: Delaware venue intelligence
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Delaware med-mal FAQ
What is the medical malpractice statute of limitations in Delaware?+
2 years from injury. Limited; 1 year from discovery if injury not immediately apparent, max 3 years from act Statute of repose: 3 years from act or omission. Wrongful death: 2 years from date of death. Source: DE Code Ann. tit. 18, § 6856.
Does Delaware have a medical malpractice damage cap?+
No. Delaware has not enacted a medical malpractice damage cap. No damage cap enacted.
How does Delaware handle the discovery rule in med-mal cases?+
Limited; 1 year from discovery if injury not immediately apparent, max 3 years from act
What is the Delaware minor exception for medical malpractice?+
Tolled during minority; SOL begins at age 18 but subject to 3-year repose
What is the wrongful death statute of limitations for Delaware medical malpractice?+
2 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Delaware damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Delaware attorney before relying on a deadline. Data refreshed May 2026.