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Medical Professional Liability State Profile:

Delaware

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CME Requirements

Credit Amount
Delaware physicians are required to complete 40 hours of CME per licensure cycle. Physicians who are licensed less than 1 year are not required to complete CME. Physicians licensed more than 1 year but less than 2 years, are required to complete 20 hours of CME.

Licensure Cycle
Biennial—expiring March 31 of odd-numbered years.

Topics
Physicians must complete 2 CME credit hours in the areas of controlled substance prescribing practices, treatment of chronic pain or other topics related to the prescribing of controlled substances biennially.


CME requirements listed above were updated based on information from the Delaware Board of Medical Licensure and Discipline, but education requirements do change. Due to COVID-19, certain states may have modified their licensure requirements. Physicians should confirm Delaware’s current requirements provided by the Delaware Board of Medical Licensure and Discipline.

  • Prejudgment and Post-Judgment Interest
  • Tort Laws
  • One Party or All Party Consent
  • Telemedicine Regulations

Prejudgment and Post-Judgment Interest

Tort actions rate: 5% over the Federal Reserve discount rate

  • Del. Code Ann. tit. 6, § 2301

Accrual date: The date of injury, provided that prior to trial the plaintiff had extended to defendant a written settlement demand valid for a minimum of 30 days in an amount less than the amount of damages upon which the judgment was entered

  • Del. Code Ann. tit. 6, § 2301

Postjudgment Contract and Tort Actions Rate: 5% over the Federal Reserve discount rate including any surcharge thereon or the contract rate, whichever is less

  • Del. Code Ann. tit. 6, § 2301

Accrual date: Date of judgment

Tort Laws

Limits on damages for pain and suffering: None

Limits on contingent attorney fees: Sliding scale

  • Ti. 18 §6865 (1976)

Reform of collateral source rule: Evidentiary–public benefits only

  • Ti.18 §6862 (1975)

Periodic payment of future damages: Discretionary by court

  • Ti. 18 §6864 (1975)

Statute of limitations: 2 years; 3 years from discovery

  • Ti. 18 §6856 (1975)—upheld

One Party or All Party Consent

Delaware is an all-party consent state.

It is a criminal offense to use any device to record communications, whether they are wire, oral or electronic, without the consent of all parties taking part in the communication.

This means that in Delaware you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. Del. Code Ann. tit. 11, § 1335(a)(4).

Also, Delaware has a law that prohibits anyone from trespassing on private property to eavesdrop or carry out any other form of surveillance. Del. Code Ann. tit. 11, § 1335(a)(1).

Telemedicine Regulations

Professional Requirements:

  • Consent Requirements: Yes
  • Cross-State Licensing: Must be licensed, enrolled in a DE Medicaid Managed Care Organization or the DE Medicaid Program, and have established physician-patient relationship

Medicaid Reimbursement:

  • Live Video: Yes
  • Store-and-Forward: No
  • Remote Patient Monitoring: No
  • Audio Only: No

Licensure Compact(s): NLC, APRN, PT, PSYPACT, IMLC, EMS

State Resource: Mid-Atlantic Telehealth Resource Center