Medical Malpractice Statute of Limitations in Delaware
Last verified 2026-07 · Source: 18 Del. C. § 6856 ✓ verified · 3 sources
The deadline
2 years
from the date upon which the injury occurred, under 18 Del. C. § 6856.
Advertisement
Delaware law sets a hard deadline of 2 years to file a medical malpractice claim. The controlling statute is 18 Del. C. § 6856, and the clock generally starts on the date upon which the injury occurred. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Delaware Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 2 years | 18 Del. C. § 6856 |
| Car Accident | 2 yrs | 10 Del. C. § 8119 |
| Credit Card Debt | 3 yrs | 10 Del. C. § 8106(a) |
| Wrongful Death | 2 yrs | 10 Del. C. § 8107; 10 Del. C. § 3724 |
| Personal Injury | 2 yrs | Del. Code Ann. tit. 10, § 8119 |
| Dog Bite | 2 yrs | 10 Del. C. § 8119 (2-year personal injury SOL); no specific strict liability dog bite statute — common law negligence/one-bite rule applies |
| Slip and Fall | 2 yrs | Del. Code Ann. tit. 10, § 8119 |
| Defamation | 2 yrs | 10 Del. C. § 8119 |
| Breach of Contract | 3 yrs | Del. Code tit. 10 § 8106 |
| Medical Debt | 3 yrs | Del. Code Ann. tit. 10, § 8106 |
When the Clock Starts
In Delaware, the limitations period for medical malpractice claims generally begins on the date upon which the injury occurred. Delaware recognizes a discovery rule for this claim type: Delaware runs the clock from the date of injury rather than discovery; a limited discovery exception extends the deadline to three years only where the injury was unknown and could not have been discovered through reasonable diligence within the first two years, but no action may be brought after three years.
Advertisement
Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
Plaintiff must file an affidavit of merit signed by an expert medical witness with the complaint under 18 Del. C. § 6853; a Notice of Intent to Investigate served before the period expires tolls the deadline 90 days, and Delaware has no cap on medical malpractice damages.
Source: 18 Del. C. § 6856, official Delaware statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Delaware government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Delaware Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Delaware | 2 years | 18 Del. C. § 6856 |
| Maryland | 3 yrs | Md. Code, Cts. & Jud. Proc. § 5-109(a) |
| Pennsylvania | 2 yrs | 42 Pa.C.S. § 5524(2), (7) |
| New Jersey | 2 yrs | N.J. Stat. Ann. § 2A:14-2 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Delaware?
You have 2 years from the date upon which the injury occurred, under 18 Del. C. § 6856.
Can I still sue after 2 years in Delaware?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in Delaware?
Yes. Delaware runs the clock from the date of injury rather than discovery; a limited discovery exception extends the deadline to three years only where the injury was unknown and could not have been discovered through reasonable diligence within the first two years, but no action may be brought after three years.
What if the victim was a minor?
Delaware generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Advertisement
Sources
- Official 18 Del. C. § 6856 - Delaware Code Online (delcode.delaware.gov)
- Corroborating Delaware Code Title 18 Insurance Code § 6856 - FindLaw
- Corroborating Delaware Medical Malpractice Laws and Statute of Limitations - Nolo
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Delaware attorney.