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Delaware Statutes, Title 18

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Delaware/Statutes

← All Delaware coverage

Title 18, Insurance Code

84 chapters · 1,726 sections in this title.

All chapters in Title 181,726 Ch 35, GROUP AND BLANKET HEALTH INSURANCE124 Ch 33, HEALTH INSURANCE CONTRACTS109 Ch 69, CAPTIVE INSURANCE COMPANIES55 Ch 49, Organization and Corporate Powers; P…46 Ch 68, HEALTH-CARE MEDICAL NEGLIGENCE INSUR…43 Ch 29, Life Insurance and Annuity Contracts42 Ch 33a, Pharmacy Benefits Managers [For appl…39 Ch 59, REHABILITATION AND LIQUIDATION38 Ch 62, FRATERNAL BENEFIT SOCIETIES38 Ch 11, ASSETS AND LIABILITIES37 Ch 5, Authorization of Insurers and Genera…36 Ch 41, PROPERTY INSURANCE CONTRACTS36 Ch 19, DELAWARE NONADMITTED INSURANCE ACT35 Ch 25, Rates and Rating Organizations35

43 sections·Filtered byTitle 18✕Ch 68✕

18 Del. C. § 6801. Definitions.
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§ 6801. Definitions. For the purpose of this chapter the following terms shall have the following meanings: (1) “Category of health-care provider” means a type or class of health-care provider for which a separate license is required under Delaware law. (2) “Commissioner” means t…
18 Del. C. § 6802. Jurisdiction of the Superior Court.
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§ 6802. Jurisdiction of the Superior Court. (a) The Superior Court of the State shall have exclusive jurisdiction of civil actions alleging health care medical negligence. (b) [Repealed.]60 Del. Laws, c. 373, § 1; 71 Del. Laws, c. 373, § 3; 84 Del. Laws, c. 393, § 2;
18 Del. C. § 6803. Establishment of medical negligence review panels; purpose [Repealed].
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§ 6803. Establishment of medical negligence review panels; purpose [Repealed].60 Del. Laws, c. 373, § 1; 71 Del. Laws, c. 373, § 3; repealed by 84 Del. Laws, c. 393, § 3, effective Aug. 29, 2024.;
18 Del. C. § 6804. Composition of panels; chairperson [Repealed].
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§ 6804. Composition of panels; chairperson [Repealed].60 Del. Laws, c. 373, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 373, § 3; repealed by 84 Del. Laws, c. 393, § 3, effective Aug. 29, 2024.;

18 Del. C. § 6805. Method of selection of panel members [Repealed].

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§ 6805. Method of selection of panel members [Repealed].60 Del. Laws, c. 373, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 373, § 3; repealed by 84 Del. Laws, c. 393, § 3, effective Aug. 29, 2024.;

18 Del. C. § 6806. Commissioner to administer process of selection of medical negligence review panel members; rules and regulations of medical negligence review panels [Repealed].

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§ 6806. Commissioner to administer process of selection of medical negligence review panel members; rules and regulations of medical negligence review panels [Repealed].60 Del. Laws, c. 373, § 1; 71 Del. Laws, c. 373, § 3; repealed by 84 Del. Laws, c. 393, § 3, effective Aug. 29,…

18 Del. C. § 6807. Evidence; duties of chairperson [Repealed].

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§ 6807. Evidence; duties of chairperson [Repealed].60 Del. Laws, c. 373, § 1; 71 Del. Laws, c. 373, § 3; repealed by 84 Del. Laws, c. 393, § 3, effective Aug. 29, 2024.;

18 Del. C. § 6808. Hearing before panel; procedure [Repealed].

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§ 6808. Hearing before panel; procedure [Repealed].60 Del. Laws, c. 373, § 1; repealed by 84 Del. Laws, c. 393, § 3, effective Aug. 29, 2024.;

18 Del. C. § 6809. Panel’s right to information; access of parties [Repealed].

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§ 6809. Panel’s right to information; access of parties [Repealed].60 Del. Laws, c. 373, § 1; repealed by 84 Del. Laws, c. 393, § 3, effective Aug. 29, 2024.;

18 Del. C. § 6810. Panel’s appointment and compensation of expert witness [Repealed].

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§ 6810. Panel’s appointment and compensation of expert witness [Repealed].60 Del. Laws, c. 373, § 1; repealed by 84 Del. Laws, c. 393, § 3, effective Aug. 29, 2024.;

18 Del. C. § 6811. Opinion of panel; time for rendering [Repealed].

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§ 6811. Opinion of panel; time for rendering [Repealed].60 Del. Laws, c. 373, § 1; 71 Del. Laws, c. 373, § 3; repealed by 84 Del. Laws, c. 393, § 3, effective Aug. 29, 2024.;

18 Del. C. § 6812. Report of panel admissible in evidence; witnesses; immunity of members [Repealed].

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§ 6812. Report of panel admissible in evidence; witnesses; immunity of members [Repealed].60 Del. Laws, c. 373, § 1; 71 Del. Laws, c. 373, § 3; repealed by 84 Del. Laws, c. 393, § 3, effective Aug. 29, 2024.;

18 Del. C. § 6813. Compensation of panelists [Repealed].

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§ 6813. Compensation of panelists [Repealed].68 Del. Laws, c. 383, § 1; 71 Del. Laws, c. 373, § 3; repealed by 84 Del. Laws, c. 393, § 3, effective Aug. 29, 2024.;

18 Del. C. § 6814. Medical negligence review panels in federal court action [Repealed].

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§ 6814. Medical negligence review panels in federal court action [Repealed].60 Del. Laws, c. 373, § 1; 71 Del. Laws, c. 373, § 3; repealed by 84 Del. Laws, c. 393, § 3, effective Aug. 29, 2024.;

18 Del. C. § 6820. Reports; contents; when due.

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§ 6820. Reports; contents; when due. (a) Every insurance carrier providing medical negligence coverage and who pays any amount for insurance coverage for any medical negligence claim shall file a report with the Commissioner within 60 days following the final disposition by agree…

18 Del. C. § 6821. Disciplinary action.

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§ 6821. Disciplinary action. (a) The Commissioner shall forward the name of every health-care provider against whom a settlement is made or judgment is rendered under this chapter to the appropriate agency for licensure or professional registration and examination for review of t…

18 Del. C. § 6830. Temporary Joint Underwriting Association [Repealed].

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§ 6830. Temporary Joint Underwriting Association [Repealed].60 Del. Laws, c. 373, § 1; 71 Del. Laws, c. 373, § 3; repealed by 84 Del. Laws, c. 393, § 4, effective Aug. 29, 2024.;

18 Del. C. § 6831. Plan of operation [Repealed].

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§ 6831. Plan of operation [Repealed].60 Del. Laws, c. 373, § 1; repealed by 84 Del. Laws, c. 393, § 4, effective Aug. 29, 2024.;

18 Del. C. § 6832. Policy forms and rates [Repealed].

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§ 6832. Policy forms and rates [Repealed].60 Del. Laws, c. 373, § 1; 71 Del. Laws, c. 373, § 3; repealed by 84 Del. Laws, c. 393, § 4, effective Aug. 29, 2024.;

18 Del. C. § 6833. Stabilization Reserve Fund [Repealed].

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§ 6833. Stabilization Reserve Fund [Repealed].60 Del. Laws, c. 373, § 1; 70 Del. Laws, c. 186, § 1; repealed by 84 Del. Laws, c. 393, § 4, effective Aug. 29, 2024.;

18 Del. C. § 6834. Procedures [Repealed].

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§ 6834. Procedures [Repealed].60 Del. Laws, c. 373, § 1; 71 Del. Laws, c. 373, § 3; repealed by 84 Del. Laws, c. 393, § 4, effective Aug. 29, 2024.;

18 Del. C. § 6835. Participation [Repealed].

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§ 6835. Participation [Repealed].60 Del. Laws, c. 373, § 1; repealed by 84 Del. Laws, c. 393, § 4, effective Aug. 29, 2024.;

18 Del. C. § 6836. Directors [Repealed].

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§ 6836. Directors [Repealed].60 Del. Laws, c. 373, § 1; repealed by 84 Del. Laws, c. 393, § 4, effective Aug. 29, 2024.;

18 Del. C. § 6837. Appeals and judicial review [Repealed].

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§ 6837. Appeals and judicial review [Repealed].60 Del. Laws, c. 373, § 1; repealed by 84 Del. Laws, c. 393, § 4, effective Aug. 29, 2024.;

18 Del. C. § 6838. Annual statements [Repealed].

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§ 6838. Annual statements [Repealed].60 Del. Laws, c. 373, § 1; repealed by 84 Del. Laws, c. 393, § 4, effective Aug. 29, 2024.;

18 Del. C. § 6839. Examinations [Repealed].

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§ 6839. Examinations [Repealed].60 Del. Laws, c. 373, § 1; repealed by 84 Del. Laws, c. 393, § 4, effective Aug. 29, 2024.;

18 Del. C. § 6840. Privileged communications [Repealed].

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§ 6840. Privileged communications [Repealed].60 Del. Laws, c. 373, § 1; 70 Del. Laws, c. 186, § 1; repealed by 84 Del. Laws, c. 393, § 4, effective Aug. 29, 2024.;

18 Del. C. § 6841. Public officers or employees [Repealed].

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§ 6841. Public officers or employees [Repealed].60 Del. Laws, c. 373, § 1; 70 Del. Laws, c. 186, § 1; repealed by 84 Del. Laws, c. 393, § 4, effective Aug. 29, 2024.;

18 Del. C. § 6850. Legal terms as at common law.

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§ 6850. Legal terms as at common law. Any legal term or word of art used in this chapter, not otherwise defined, shall have such meaning as is consistent with the common law.60 Del. Laws, c. 373, § 1;

18 Del. C. § 6851. Agreement assuring result to be in writing.

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§ 6851. Agreement assuring result to be in writing. No liability shall be imposed upon any health-care provider on the basis of an alleged breach of contract, express or implied, assuring results to be obtained from undertaking or not undertaking any diagnostic or therapeutic pro…

18 Del. C. § 6852. Informed consent.

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§ 6852. Informed consent. (a) No recovery of damages based upon a lack of informed consent shall be allowed in any action for medical negligence unless: (1) The injury alleged involved a nonemergency treatment, procedure or surgery; and (2) The injured party proved by a preponder…

18 Del. C. § 6853. Affidavit of merit, expert medical testimony.

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§ 6853. Affidavit of merit, expert medical testimony. (a) No health-care negligence lawsuit shall be filed in this State unless the complaint is accompanied by: (1) An affidavit of merit as to each defendant signed by an expert witness, as defined in § 6854 of this title, and acc…

18 Del. C. § 6854. Expert witness.

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§ 6854. Expert witness. No person shall be competent to give expert medical testimony as to applicable standards of skill and care unless such person is familiar with the degree of skill ordinarily employed in the field of medicine on which he or she will testify.60 Del. Laws, c.…

18 Del. C. § 6855. Punitive damages.

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§ 6855. Punitive damages. In any action for medical negligence, punitive damages may be awarded only if it is found that the injury complained of was maliciously intended or was the result of wilful or wanton misconduct by the health-care provider, and may be awarded only if sepa…

18 Del. C. § 6856. General limitations.

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§ 6856. General limitations. No action for the recovery of damages upon a claim against a health-care provider for personal injury, including personal injury which results in death, arising out of medical negligence shall be brought after the expiration of 2 years from the date u…

18 Del. C. § 6857. Savings clause.

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§ 6857. Savings clause. This chapter applies to actions, cases and proceedings brought after April 26, 1976, and also applies to any further conduct of actions, cases and proceedings then pending, except to the extent that application of this chapter would not be feasible, or wou…

18 Del. C. § 6858. Tail coverage for Veterans Administration hospital surgeons.

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§ 6858. Tail coverage for Veterans Administration hospital surgeons. No insurance policy sold or delivered in this State providing insurance for acts of medical negligence or malpractice shall revoke the tail coverage of a retired physician as a consequence of that physician endi…

18 Del. C. § 6861. Advance payment; evidence thereof.

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§ 6861. Advance payment; evidence thereof. (a) Any advance payment made by a defendant health care provider or the provider’s insurer to or for a plaintiff or any other person shall not be construed as an admission of liability for injuries or damages suffered by the plaintiff or…

18 Del. C. § 6862. Collateral source.

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§ 6862. Collateral source. In any medical negligence action for damages because of property damage or bodily injury, including death resulting therefrom, there may be introduced, and if introduced, the trier of facts shall consider evidence of: (1) Any and all facts available as …

18 Del. C. § 6863. Nonassignability of claims.

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§ 6863. Nonassignability of claims. A claim for compensation under this chapter is not assignable; provided, however, that rights of subrogation shall not be deemed to constitute assignment.60 Del. Laws, c. 373, § 1;

18 Del. C. § 6864. Periodic payments; reduction of awards in event of certain contingencies.

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§ 6864. Periodic payments; reduction of awards in event of certain contingencies. (a) Where a person recovers a judgment against a health-care provider, the Court may, after making a determination as to the amount of such judgment which was awarded as compensation for future pain…

18 Del. C. § 6865. Limitation on attorneys’ fees.

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§ 6865. Limitation on attorneys’ fees. (a) The amount of the claimant’s attorneys’ fees may not exceed the amounts in the following schedule: (1) 35% of the first $100,000 of damages; (2) 25% of the next $100,000 of damages; (3) 10% of the balance of any awarded damages. (b) Notw…

18 Del. C. § 6870 , 6871. Study Commission; submission of reports and proposed legislation.

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§§ 6870, 6871. Study Commission; submission of reports and proposed legislation. Repealed by 67 Del. Laws, c. 105, § 1, effective July 12, 1989.