Delaware Medical Malpractice Information

  • What is the average medical malpractice settlement in Delaware?

    The average medical malpractice payment in Delaware for 2022 was $589,294. Going back to 2004, the average malpractice payment in the database is $419,112.

  • How many medical malpractice settlements have there been in Delaware?

    In 2022, there were 39 medical malpractice payments made in Delaware. Among all of the various jurisdictions, this ranked number 41 out of 59 in terms of raw numbers, but when viewed in terms of claims per capita, Delaware ranked number 16 of 59, which includes the 50 states, the District of Columbia, U.S. territories, and Armed Forces populations.

  • What is the most common type of medical malpractice claim in Delaware?

    Across the country, the most common allegations giving rise to medical malpractice payments are "Failure to Diagnose" and "Improper Performance." Delaware is among those jurisdictions for which the top allegation appearing in the database is "Failure to Diagnose." The second most frequent allegation appearing for Delaware in the database is "Improper Performance."

  • Which type of healthcare provider pays the most medical malpractice claims in Delaware?

    Among all claims, the vast majority (about 70%) of the payments are associated with care provided by MDs. Delaware is no exception. The second highest type of healthcare provider associated with malpractice claims in Delaware is a dentist.

A few notes about this: The database only shows which claims were paid and does not include claims that were presented but rejected. Also, the database does not include payments by non-providers like health systems and hospitals. There are also some number of claims that go unreported each year. Finally, the information contained in the reports is self-reported by the providers, their insurance companies, and other provider representatives.
Delaware Medical Malpractice Payment Amounts By Year
Delaware Medical Malpractice Payments By Year

The Largest Medical Malpractice Payments for Delaware (2004-2022)

YearStateAmountAllegationFull Report
2011Delaware$4,750,000Failure to Diagnose
2021Delaware$4,450,000Failure to Recognize a Complication
2010Delaware$3,450,000Problem with Appliance, Prostheses, Orthotic, or Device
2005Delaware$3,050,000Improper Performance
2006Delaware$2,950,000Failure to Order Appropriate Medication
2006Delaware$2,950,000Failure to Monitor
2022Delaware$2,950,000Wrong Dosage Ordered of Correct Medication
2022Delaware$2,950,000Wrong Dosage Ordered of Correct Medication
2004Delaware$2,450,000Delay in Diagnosis
2020Delaware$2,450,000Improper Performance

Delaware Statistics at a Glance

Average Payment (2004-2022): $419,112

Total Payments in Database (2004-2022): 549

Average Payment (2022): $589,294

Total Number of Payments (2022): 39

Rank in Average Payment (2022): 7

Rank in Number of Payments Per Capita (2022): 16 of 59 Jurisdictions

Most Common Allegation (2022): Failure to Diagnose

Most Common Allegation in 2021: Failure to Diagnose

Most Common Nature of Claim (2022): Diagnosis Related - 29% of all payments

Type of Provider with Most Payments: Physician (MD)

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