Delaware Code § 18-6855

Punitive damages
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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 separately awarded
by the trier of fact in a separate finding from any finding of compensatory damages which separate finding shall also state the amounts
being awarded for each such category of damages. Injuries shall not be considered maliciously intended in instances in which unforeseen
damage or injury results from intended medication, manipulation, surgery, treatment or the intended omission thereof, administered or
omitted without actual malice or if the intended treatment is applied or omitted by mistake to or for the wrong patient or wrong organ.

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