Even the most obvious and egregious instances of medical negligence take time to manage, legally speaking. As such, it is very understandable that one of the most common questions that arise when someone considers filing a medical malpractice claim is: “How long will this take to resolve?”
Unfortunately, there is no one-size-fits-all answer to this consequential concern, as the timeline for these cases can vary widely depending on several factors. However, understanding the typical process and the factors that influence the duration of a case can give victims of medical malpractice a clearer sense of what to expect as their situation evolves.
Investigation and filing
Generally, the medical malpractice claim process begins when a victim of negligence approaches a skilled legal team to investigate the claim and determine whether there is sufficient evidence to support it. This stage of the process typically includes reviewing medical records and the circumstances at issue, consulting medical experts, etc.
This process can take several months, especially if the case is particularly complex or if the medical records are extensive. Once the investigation is complete and a determination is made to proceed, the plaintiff will file a formal complaint in court.
Discovery and seeking resolution
After the lawsuit is filed, the case enters the discovery phase. During discovery, both parties exchange information related to the case. The discovery phase can be lengthy, often taking several months to a year or more, depending on the complexity of the case, the number of witnesses and the degree of cooperation exercised by both parties.
Settlement negotiations can be quick if both parties are motivated to resolve the case, but they can also drag on if there are significant disagreements about the value of the claim. This stage can take anywhere from a few months to over a year.
If the case does not settle, it will proceed to trial. The trial itself may last several days to several weeks, depending on the complexity of the issues and the amount of evidence presented. However, getting to trial can take years, as courts often have crowded dockets and scheduling conflicts can cause delays.
Medical malpractice cases can take significant time to resolve. However, there are certainly instances in which parties are motivated to settle quickly. Each case is unique. As such, medical malpractice victims usually benefit from personalized legal guidance when seeking an answer to the question of how long their particular case will take to resolve.