Medical Malpractice

Wilmington Medical Malpractice Lawyer


You trust medical professionals to diagnose and treat you appropriately and accurately, and if you need surgery, you submit to anesthesia trusting that the procedure you need will be performed correctly.


Unfortunately, doctors, nurses, medical assistants, and other medical professionals often fail to adhere to the standard of care they owe you, causing you harm. This can often be determined to be medical negligence. The Wilmington medical malpractice attorneys at the Chong Law Firm, P.A. fights for those who suffered due to medical practitioners’ negligence.


If you’ve been harmed by the actions or inaction of any medical professional, call our medical malpractice attorneys to discuss your case.

What Constitutes Medical Malpractice in Wilmington?


In order to have grounds for a medical malpractice claim, you must show that the health care professional owed a duty to you to perform to a standard of care, failed in that duty, and that failure caused you harm.


Not every poor outcome or medical mistake constitutes medical malpractice. By the same token, many instances of medical malpractice go unaddressed because a patient is intimidated by the perceived knowledge and power of the medical complex and believes they cannot challenge the actions or inaction of their medical providers. In addition, your own lack of familiarity with medical malpractice laws can make it difficult to know if you have a case.  For this reason, you need an experienced medical malpractice attorney by your side.


How Our Wilmington Attorneys Can Help


When you work with the Wilmington medical malpractice attorneys at the Chong Law Firm, you can rest assured we will:


  • Work closely with you to thoroughly assess your case
  • Investigate the circumstances causing you harm
  • Discover the identity of all individuals and institutions responsible for your harm
  • Work with experts to assess your damages and due compensation 
  • Negotiate with insurance companies on your behalf
  • Vigorously litigate on your behalf if a settlement cannot be reached


Know also that Delaware law makes it very difficult to hold a negligent medical provider or institution liable when a patient is harmed. For this reason, a Wilmington medical malpractice attorney is your only viable recourse for righting the wrongs that have happened to you.


How Do I Know if I Have a Case?


Understandably, most patients are laypersons without the medical knowledge and expertise required to discern whether they are a victim of medical malpractice. If you have been harmed due to a medical provider’s action or inaction, you must talk with a medical malpractice lawyer who has the knowledge and experience to sort out the truth and who will serve as your voice when you need unyielding advocacy and legal representation.


Call us today, and talk with the Wilmington medical malpractice lawyers at the Chong Law Firm to find out whether you have a medical malpractice case, free of charge.


Common Medical Malpractice Cases We Handle in Wilmington


Birth Injuries

Mother and baby are both at risk if medical providers fail to recognize fetal distress, negligently use birthing aids, or fail to timely recommend a Cesarean procedure. Injuries sustained in a botched delivery can have long lasting consequences for the baby or the mother.


Failure to Diagnose or Misdiagnosis

If you complain of symptoms that your medical provider inaccurately attributes to another condition or illness, and you are not treated for your condition or are incorrectly treated, the ensuing harm to you was caused by medical malpractice.


Delay in Diagnosis

If your medical provider ignores or dismisses your complaints and the underlying condition goes untreated, causing you harm. This is medical negligence and grounds for a medical malpractice claim.


Surgical Mistakes

Unfortunately, medical mistakes during surgery or while staying in the hospital are too common:


  • Operating on the wrong body part
  • Causing harm to surrounding tissue or organs
  • Leaving instruments or gauze in the surgical cavity
  • Failure to recognize and stop significant bleeding
  • Too much or not enough anesthesia
  • Failure to monitor equipment for patient condition
  • Failure to recognize patient distress
  • Failure to read or understand a patient’s chart
  • Failure to maintain sterile or sanitary conditions


Prescription Drug Errors

Prescribing the wrong drug or prescribing a drug that interacts negatively with other drugs the patient is taking constitutes medical malpractice.


Damages Available For Victims of Medical Malpractice 

In Delaware, a victim of medical malpractice may be compensated for economic damages including lost wages, the costs of medical care, prescriptions, therapies, assistive devices such as wheelchairs, and alterations to the home or car required due to the victim’s injuries. If the injury affects the victim’s ability to earn a living, this also may be compensable through the medical malpractice claim.


Non-economic damages such as pain and suffering, loss of enjoyment of life, and loss of consortium may also be available. If someone was killed due to medical malpractice, their loved ones may have a wrongful death action and receive the compensation their loved one would have gotten had they lived to file a medical malpractice suit.


The Wilmington medical malpractice lawyers at the Chong Law Firm work with experts to assess the value of your claim and get you every penny you deserve. Call us today to discuss your medical malpractice claim.


Proving Medical Negligence in a Medical Malpractice Lawsuit


To prove that a medical provider was negligent, you must show that the medical provider had a duty to you. We show that by showing that you had a doctor-patient relationship with the medical provider. That relationship not only includes doctors, but hospitals and all other medical workers such as nurses, medical assistants, pharmacists, and anesthesiologists – every person and institution who is contractually bound to care for you.


Once we identify the persons or institutions who had a duty to you, we must show that they failed to provide the standard of care, causing you harm. To show this, our Wilmington attorneys work with a team of experts to identify what the appropriate standard of care is and how your medical providers deviated from that.


Who Can Be Held Liable for Medical Malpractice? 

Any person or institution who has a duty to you to provide a certain level of care can be liable for medical malpractice, including among others:


  • Doctors
  • Midwives
  • Nurses
  • Medical Assistants
  • Orderlies
  • Emergency Medical Technicians (EMTs)
  • Anesthesiologists
  • Pharmacists
  • Hospitals
  • Urgent Care Facilities
  • Clinics
  • Pharmacies


Talk With One of Our Wilmington Attorneys Today!


If you were harmed by a medical procedure, a misdiagnosis, a failure to diagnose, a delay in diagnosis, or a prescription, call our medical malpractice attorneys to discuss your case. Your job is to heal – leave your case in our hands and rest assured we will fight for the justice and compensation you deserve.

In addition to medical malpractice, our lawyers can also help with the following:

What to Do if You Think You’ve Been Victimized by the Negligence or Incompetence of a Medical Professional

If you believe that you have been a victim of medical malpractice, there are really only two ways to be sure: get a second medical opinion-be careful, however, as professionals tend to protect their own or consult with a medical malpractice attorney who has the experience and network of colleagues who are qualified to evaluate what has occurred and determine whether wrongdoing has occurred. In Wilmington, DE and Philadelphia, PA, medical malpractice lawyer Jimmy Chong is undaunted by the medical establishment, which inevitably includes a cadre of hospital attorneys and large insurance companies. For an attorney who is unafraid to represent you thoroughly, compassionately, and with complete dedication, Jimmy Chong is the medical malpractice attorney to call.

If You’ve Been Injured by a Philadelphia, PA, Lansdale, PA or Wilmington, DE Health Care Professional, Contact Chong Law Firm to Discuss Your Case

To schedule a consultation, call Chong Law Firm

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