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Delaware

 

DELAWARE REFORMS

Medical Liability Reform: Collateral Source Reform: Del. Code Ann. tit. 18 § 6862.  Permits the admissibility of evidence of collateral source payments in medical liability actions.

Medical Liability Reform: Contingent Fee Reform: Del. Code Ann. tit. 18 § 6865.  Limits contingent fees in medical liability cases to 35% of the first $100,000 recovered, 25% of the next $100,000, and 10% of the balance.

Medical Liability Reform: Periodic Payment of Future Damages: Del. Code Ann. tit. 18 § 6864.  Allows a court to order the periodic payment of damages in medical liability cases after deducting expenses for attorneys’ fees and costs, past health care, and pain and suffering.




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