SENATE BILL NO. 210
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE TO MAKE CERTAIN PROVISIONS OF TITLE 18 CONSISTENT WITH THE PROVISIONS OF 18 DEL. C. §6854.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 18 §6801(7) of the Delaware Code by striking the word "Malpractice" and substituting "Medical Negligence" and by striking the second sentence of the definition and substituting in its place the following language:
"The standard of skill and care required of every health care provider in rendering professional services or health care to a patient shall be that degree of skill and care ordinarily employed in the same or similar field of medicine as defendant, and the use of reasonable care and diligence."
Section 2. Amend Title 18, §6852(a)(2) of the Delaware Code by deleting the section in its entirety and substituting in lieu thereof:
"The injured party proved by a preponderance of evidence that the health care provider did not supply information regarding such treatment, procedure or surgery to the extent customarily given to patients or other persons authorized to give consent for patients by other licensed health care providers in the same or similar field of medicine as the defendant."
Section 3. Amend Title 18 of the Delaware Code by striking the word "malpractice" and substituting "medical negligence" every time it appears in this title.
Approved July 7, 1998