Delaware Code Title 24 Sec. 1193 – Limitation of action for dental malpractice
No action for recovery of damages against a dentist, dental hygienist or dental assistant for personal injury, including death, allegedly suffered in the course of dental treatment, shall be brought after the expiration of 2 years from the date upon which such injury occurred; provided, however, that:
(1) Solely in the event of a personal injury the occurrence of which during such period of 2 years was unknown to and could not in the exercise of reasonable diligence have been discovered by the injured person, such action may be brought prior to the expiration of 3 years from the date upon which such injury occurred, and not thereafter; and
(2) A minor under the age of 6 years shall have until the latter time for bringing such an action as provided for in paragraph (1) of this section or until the minor’s sixth birthday to bring an action.
Terms Used In Delaware Code Title 24 Sec. 1193
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dental assistant: shall mean any person not licensed to practice dentistry and/or dental hygiene in this State, who aids a dentist in the performance of generalized tasks, including chair-side aid, clerical work, reception, radiography, dental laboratory work, and any other such tasks delegated by the dentist. See Delaware Code Title 24 Sec. 1101
- Dental hygienist: shall mean a person who is qualified to practice dental hygiene as prescribed in this chapter. See Delaware Code Title 24 Sec. 1101
- Dentist: shall mean a person who is qualified to practice dentistry as prescribed in the chapter. See Delaware Code Title 24 Sec. 1101
- Person: shall mean a corporation, company, association or partnership, as well as an individual. See Delaware Code Title 24 Sec. 1101