How long can a medical malpractice case take? This complex question involves many factors, such as the type of negligence, the number of defendants, the severity of injuries, and the recovery timeline. There is not a universal answer to your question. If you suffered an injury or lost a loved one due to wrongful death, contact a Winder medical malpractice lawyer immediately. They will compassionately listen to your accounting while uncovering a plan to recover compensation for your claim.
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Factors Influencing How Long a Medical Malpractice Case Takes
No two medical malpractice cases are precisely the same, meaning there is no way to provide an exact or accurate average timeline. Many factors influence how long a medical malpractice case takes, including jurisdictional regulations, injury severity, treatment length, number and type of defendants, medical malpractice type, expert witness involvement, and the need for litigation.
Jurisdictional Regulations
State jurisdictions have differing laws regarding medical malpractice claims, including statutes of limitations, discovery rules, and malpractice damage caps on non-economic damages. Ask your medical malpractice attorney to clarify local regulations.
Injury Severity and Treatment Length
The severity of your injuries directly relates to the length of your medical treatment and recovery time. The more severe your injuries, the longer it takes to settle a medical malpractice case. You may feel tempted to settle early. However, ensuring you've hit your maximum medical improvement (MMI) before settling your case is important.
Number of Defendants
Medical malpractice cases generally involve multiple parties of liability. You don't sue one doctor; you sue the hospital, anesthesiologist, surgeon, nurse, OBGYN, radiologist, and other hospital staff involved. That means dealing with multiple insurers, which slows down the process. The more defendants, the longer it takes because it multiplies the workload by the amount of defendants in the case.
Type of Defendants
Who the defendants are can significantly impact how long a medical malpractice case takes to settle. For example, hospital defendants tend to settle more quickly than private practices. Hospitals have charities, benefits, donors, and a public image to keep. They don't want the negative attention of a medical malpractice case and have self-insurance to handle these matters promptly. Their insurance rates don't go up if they settle a claim. However, in contrast, private practice or individual doctors hesitate to settle because their malpractice insurance rates will increase.
Type of Medical Malpractice
The type of negligence or malpractice may influence how long a medical malpractice case takes to settle. Some types of malpractice are considerably easier to prove than others. For example, if a surgeon removes the wrong limb during an amputation, that is an obvious error.
However, negligence, such as failure to diagnose a life-threatening illness like cancer, isn’t so clear-cut. When medical malpractice is blatant, cases will settle much sooner than those that are considerably more challenging to prove.
Expert Witness Involvement
Personal injury attorneys have a network of experts they consult to help establish liability, pinpoint negligence, determine the extent of injuries, and value damages for maximum compensation. Consulting medical witnesses with expertise relevant to your malpractice case may take time. Other experts your attorney may consult are economists, life planners, and vocational and occupational therapists.
Settlement Negotiations
The negotiation process can be lengthy, especially concerning the number of defendants in a medical malpractice case. Liable insurers waste time pointing fingers and shifting liability onto each other. They also typically start with lowball offers and make your medical malpractice lawyer fight for reasonable compensation.
It's the same old song and dance, regardless of the insurer, and that's why it is imperative that you find a good medical malpractice lawyer who will lead. One who will demand insurance companies will treat your case respectfully when discussing figures. This process can be time-consuming but generally results in substantially bigger settlements.
Need for Litigation
The defendant’s willingness to pay a fair settlement directly influences how long a medical malpractice case takes to settle. When negotiations fail—or liable insurance companies insist on trial—the need for litigation dramatically changes your settlement timeline.
How to Speed Up Your Medical Malpractice Case
There isn’t a magic wand to wave to make things move faster. Your case is going to take as long as it takes. However, there are things you can do to make the initial stages run smoothly and quicker. Speeding up your medical malpractice case includes gathering strong evidence immediately, retaining a medical malpractice lawyer, promptly responding to requests for information, and being realistic about settlement expectations.
Gather Strong Evidence Immediately
Gather evidence quickly and bring it to your free case evaluation with a medical malpractice lawyer near you. Evidence in medical malpractice frequently includes:
- Detailed medical records, documenting diagnosis, medical treatments, recovery, and disability
- Financial records demonstrating monetary losses, such as medical bills, pay stubs, employer wage statements, profit and loss statements for self-employed individuals, and receipts for out-of-pocket expenses
- Written correspondence from insurance companies and healthcare providers
Personal records of injuries and their impact on your life, such as photos of injuries and pain journals documenting your pain and suffering, are also strong evidence for your case. Your pain journal should include consistent entries describing pain, including levels, duration, location, and frequency. They should also have details of symptoms of injury, psychological trauma, mental anguish, and emotional distress.
Retain a Medical Malpractice Lawyer
Don't waste time trying to handle a complex medical malpractice case alone. You need an experienced attorney. The sooner you retain one, the better. They will immediately:
- Take Over Communications With Liable Insurance Companies—removing the pressure they place on settling too early and the headache of dealing with their possible bad-faith tactics.
- Begin Thoroughly Investigating Your Case—including gathering the evidence you've not already provided, interviewing witnesses, and determining all liable parties.
- Analyze Your Medical Records—consult with medical experts relevant to your medical malpractice case to carefully review medical records, identifying missed diagnoses, potential errors, and incorrect treatment decisions.
- Assess Damages Relating to Your Medical Malpractice—calculate all financial losses, including medical bills and income losses, and non-economic damages, such as pain and suffering, loss of consortium, and disability.
Most medical malpractice lawyers work on contingency, meaning they only collect a percentage of your compensation if they win your case. There are no out-of-pocket or upfront costs to retain their services. Contingent fee arrangements make it possible for anyone to afford legal counsel.
Be Realistic About Settlement Expectations
Be realistic about how long a medical malpractice insurance claim or lawsuit may take to settle. Understand the potential value of your case and trust your attorney to negotiate a reasonable settlement. They will advise you of all offers before you make the decision to accept or reject them.
Consult a Medical Malpractice Lawyer
Schedule a free case evaluation with a skilled Winder personal injury lawyer to discuss your claim. An attorney can better assess how long your medical malpractice case may take after evaluating the evidence and circumstances of your claim.