Delaware Medical and Hospital Sexual Abuse Lawyer: Claims Against Providers and Facilities

Patients trust doctors, nurses, technicians, and hospital staff with their bodies at moments when they are most vulnerable. Sexual abuse in that setting is a violation of that trust and can support a civil claim against the provider and the hospital, practice, or facility that employed them.

The Sharma Law Firm represents patients and families in civil sexual abuse claims arising in Delaware health-care settings. For every type of abuse case we handle, see our Delaware sexual abuse lawyer page.

Child patients: Delaware allows a claim at any time

If the patient was a child, Delaware law is direct. Under 18 Del. C. § 6856(3)(a), a civil claim based on sexual abuse of a child patient by a health-care provider may be brought at any time after the abuse. The claim is based on sexual acts that would be a criminal offense under Delaware law.

That rule sits alongside 10 Del. C. § 8145, which permits a civil action at any time for sexual abuse of a minor by an adult, where the conduct would be a Delaware criminal sexual offense. For a child patient, both may be relevant. If you were abused as a child by a pediatrician, a hospital employee, a school nurse, or another provider, and you are now an adult, you can still talk with a lawyer about bringing a claim.

Delaware's 2007 Child Victims' Act opened a two-year window that revived some expired childhood claims. That window has closed. Whether the current "at any time" language reaches conduct from before the law changed can depend on the facts and on case law, so older cases need careful review.

Adult patients: act promptly

If the patient was 18 or older, the general Delaware deadline for a sexual abuse claim is two years under 10 Del. C. § 8119. The specific claim (assault, battery, negligence, or negligent supervision, for example) and the date it accrued can matter.

A health-care setting is one of the situations where getting Delaware legal advice promptly matters most. Claims involving health-care providers can raise procedural questions specific to that setting, and patients sometimes do not realize for some time that what happened during an exam or procedure had no medical purpose. Do not assume you have time. Call a lawyer as soon as you are able.

These are civil lawsuit deadlines. They are not criminal prosecution deadlines, which differ by offense, and some serious crimes have no limitation period.

What medical sexual abuse can look like

Sexual abuse by a provider does not always look like an obvious assault. It can include touching or examinations with no medical purpose, exams of sensitive areas without explanation or consent, sexual comments during care, refusing a chaperone when one was requested or required, or sexual contact with a patient who was sedated or recovering. It can also include a provider using the treatment relationship to begin a sexual relationship with a patient.

It can happen in hospitals, emergency rooms, urgent care centers, doctors' offices, imaging and testing centers, physical therapy clinics, and residential or rehabilitation facilities. The provider may be a physician, nurse, technician, orderly, or other staff member.

If you left an appointment feeling that something was wrong but you are not sure, that uncertainty is common. You can talk to us confidentially without deciding anything.

Holding hospitals and practices responsible

The claim against the institution is often central. A hospital, medical group, or facility may be responsible if it failed to check a provider's background and prior complaints, ignored patient reports, did not follow its own chaperone policies, left sedated or vulnerable patients unsupervised with staff, or allowed a provider under investigation to keep seeing patients.

Evidence often includes appointment and staffing records, chaperone logs, prior complaints, and internal investigations. We request those records and ask that they be preserved.

You do not have to report to police or a licensing board to bring a civil claim. You may choose to file a complaint with the Delaware Division of Professional Regulation, which oversees licensed health professionals, but that is your decision and a separate process. Your conversations with the firm are confidential, and courts can sometimes allow a survivor to proceed under initials or a pseudonym.

Related pages: sexual abuse by psychiatrists, psychologists, and therapists and sexual abuse during a massage.

Our contingency fee is 33.33% of the recovery, and there is no attorney's fee unless we recover. The firm advances all case costs. If we win, those costs are reimbursed from the settlement or recovery. If we lose, the firm absorbs the costs and you owe nothing. The Sharma Law Firm is veteran-owned. Hablamos español: paralegals Santiago Araujo, Humberto Buitrago, and Isaac Durango Figueroa all speak Spanish.

Frequently asked questions

I was abused by a doctor as a child. Is there a deadline in Delaware?

Under 18 Del. C. § 6856(3)(a), a claim for sexual abuse of a child patient by a health-care provider may be brought at any time. Whether that reaches conduct from before the law changed can depend on the facts, so have a lawyer review it.

How long do adult patients have to file?

The general deadline for abuse of an adult is two years under 10 Del. C. § 8119, and the claim and accrual date matter. Health-care settings can raise additional procedural questions, so contact a lawyer promptly.

Can I sue the hospital and not just the doctor or nurse?

Often, yes. A hospital or practice may be responsible if it failed to screen, supervise, or act on complaints about the provider.

What if I was sedated and don't remember clearly?

Gaps in memory are common in these cases. Records, staffing logs, and other patients' reports can help establish what happened.

Do I have to report the provider to police or a licensing board first?

No. A civil claim does not require a police report, criminal charges, or a licensing complaint. Those are separate choices.

Can I stay anonymous?

Court filings are generally public, but courts can sometimes allow a survivor to use initials or a pseudonym. We discuss that with you before filing.

Free, confidential case review. Please don't include sensitive details until we've spoken. Call (302) 781-3077 any time, or use the case review form on this page. Contacting the firm does not create an attorney-client relationship.