How long does a medical malpractice suit take?

Note: Chris’ story is a fictional scenario presented to help illustrate how long a medical malpractice suit can take given the circumstances. 

If you’ve been harmed by medical negligence, you might be wondering, “How long does a medical malpractice lawsuit take?” The answer depends on various factors, but generally, medical malpractice suits can take anywhere from several months to several years.

While some cases settle quickly, others can take five years or more, especially if significant damages or appeals are involved. Let’s break down the details to help you better understand the timeline of a medical malpractice lawsuit.

What Is a Medical Malpractice Lawsuit?

A medical malpractice lawsuit is a type of personal injury claim that arises when a healthcare provider’s negligence results in harm to a patient. Medical malpractice is alarmingly common—it’s the third leading cause of death in the United States. These lawsuits seek to hold healthcare professionals, facilities, or both accountable for their errors.

Medical malpractice involves various scenarios, including:

• Misdiagnosis or delayed diagnosis: When a healthcare provider fails to diagnose a condition in a timely manner, leading to worsening symptoms or a poor prognosis.
• Medication errors: Prescribing or administering the wrong medication or incorrect dosage.
• Surgical mistakes: Errors during surgery, such as operating on the wrong body part or leaving instruments inside the patient.
• Falls and bed sores: Often a result of inadequate care in hospitals or nursing homes.
• Sepsis or infections: Caused by improper monitoring or unsanitary practices.
• Wrongful death: When negligence leads to a preventable death.

These issues can involve doctors, nurses, anesthesiologists, or entire medical facilities such as hospitals and nursing homes. Victims of medical malpractice file lawsuits to seek compensation for damages such as medical expenses, lost wages, and emotional distress.

How Long Do Medical Malpractice Lawsuits Take?

The timeline for a medical malpractice lawsuit depends on the complexity of the case, the amount of compensation sought, and whether the case goes to trial. On average, a medical malpractice suit takes two to three years to resolve. However, some cases settle in under a year, while others can take over a decade, particularly those involving severe injuries or significant financial stakes.

Factors That Affect the Timeline

1. Court Availability: Crowded court schedules can delay hearings and trials.
2. Case Complexity: Cases involving multiple defendants or intricate medical evidence take longer to litigate.
3. Availability of Evidence: Gathering medical records, witness statements, and expert opinions is time-intensive.
4. Severity of Injuries: Cases involving catastrophic injuries or death often take longer to resolve due to the higher damages involved.
5. Settlement vs. Trial: Cases that settle out of court resolve faster than those that proceed to trial.
6. Damages Claimed: Lawsuits seeking compensation exceeding $2 million may take 5 to 15 years to conclude.

The Stages of a Medical Malpractice Lawsuit

Medical malpractice lawsuits generally follow these stages, each contributing to the overall timeline:

1. Pre-filing Investigation

• Timeline: Several months.
• Your attorney gathers medical records, consults with experts, and determines the strength of your case. This stage is critical in building a strong foundation for your medical malpractice claim.

2. Filing and Pleadings

• Timeline: A few months.
• The lawsuit is filed in court, and the defendant (e.g., a doctor, nurse, or hospital) responds. The defendant may deny liability or file counterclaims, which can extend the timeline.

3. Discovery Phase

• Timeline: 6 to 12 months or more.
• Both sides exchange evidence, such as medical records, depositions, and expert testimony. For complex medical malpractice lawsuits, discovery can take over a year.

4. Pre-trial Motions

• Timeline: Several months.
• Lawyers may file motions to dismiss or motions for summary judgment. These proceedings can add additional time to the case.

5. Settlement Negotiations

• Timeline: Varies, often several months.
• Most medical malpractice lawsuits settle before going to trial. Settlement negotiations can occur at any stage, but disputes over compensation may prolong this phase.

6. Trial

• Timeline: A few weeks to several months.
• If the case goes to trial, the court process can be lengthy, particularly for complex medical malpractice cases involving multiple witnesses and expert testimonies.

7. Post-trial Appeals

• Timeline: Months to years.
• If either party appeals the decision, the process can extend significantly. Post-trial appeals are more common in high-stakes medical malpractice cases.

Statutes of Limitations for Medical Malpractice Lawsuits

One of the most critical aspects of pursuing a medical malpractice lawsuit is understanding the statutes of limitations. These laws set the deadline by which a plaintiff must file their case. Missing this deadline can result in losing your right to seek compensation, no matter how strong the evidence of medical negligence might be.

What Is the Statute of Limitations?

The statute of limitations is the legal time frame in which a plaintiff must file a lawsuit. In medical malpractice cases, the clock usually starts ticking from one of the following points:

1. Date of the Incident: The day the medical error occurred.
2. Discovery Rule: The date the plaintiff discovered—or reasonably should have discovered—that the injury or harm resulted from medical negligence.

For example, if a surgical instrument was left inside a patient during surgery, the statute of limitations might begin when the patient starts experiencing complications and learns of the error.

Why You Need a Medical Malpractice Lawyer

Navigating a medical malpractice lawsuit can be overwhelming without legal expertise. A qualified medical malpractice attorney can:

• Help you understand your legal rights and options.
• Gather critical evidence to strengthen your case.
• Accurately estimate how long your case might take.
• Negotiate with insurance companies or opposing counsel to secure a fair settlement.
• Represent you in court if the case goes to trial.

Medical malpractice attorneys are also familiar with state-specific statutes of limitations, ensuring that your claim is filed within the required timeframe.

How to Speed Up the Process

Although medical malpractice lawsuits often take time, certain steps can help expedite the process:

1. Organize Records: Ensure all medical records and related documents are readily available.
2. Cooperate Fully: Respond promptly to your attorney’s requests for information.
3. Hire an Experienced Lawyer: A knowledgeable attorney can streamline the process by anticipating potential delays and effectively managing your case.
4. Be Open to Settlements: While trial may lead to higher compensation, agreeing to a reasonable settlement can save years of litigation.

Chris’ story 

Chris went to the doctor for a mild, chronic condition she needed care for. The prognosis was good up until a doctor prescribed her the wrong medication. She took this medication and had a severe allergic reaction that left her hospitalized. This resulted in expensive medical bills and a permanent disability that was brought on by the incident. 

Her doctor’s error caused her great pain and suffering, along with medical bills she wouldn’t have if she had been given the right medication. Chris’ allergic reaction caused permanent damage to her lungs. She knew this would be a difficult and time-consuming case given its severity, so she got a lawyer to sue the doctor for prescribing the wrong medication. 

Her attorney helped her prove the doctor’s fault and recover damages. Within four years, she received a settlement of $700,000. 

—- 

Patience Is Key in Medical Malpractice Cases

The timeline for resolving a medical malpractice lawsuit depends on factors like the complexity of the case, the amount of compensation sought, and whether the case is settled or goes to trial.

While these cases can be lengthy, working with an experienced medical malpractice lawyer can make the process smoother and increase your chances of receiving fair compensation.

If you or a loved one has suffered due to medical negligence, consult a qualified attorney to explore your legal options. Understanding the stages and potential timeline can prepare you for the journey ahead and ensure you take the necessary steps toward justice.

You deserve to be under the care of someone who keeps you safe and healthy. Here at The Law Offices of Craig L. Cook, we take medical malpractice seriously. We are here to inform you of your rights, give you legal options, and fight on your behalf. 

If you experienced malpractice at the hands of your medical provider or facility, we believe the party responsible should be held liable. No one should have to suffer at the hands of their caregiver(s). 

We have over 60 years of combined experience serving patients and residents in Arkansas and Oklahoma who were injured or made ill because of medical malpractice. We have the best team of lawyers in both states, and we proudly offer free consultations for our potential clients.

If you were a victim of medical malpractice and would like to seek compensation for the illness or injury it caused, book a free consultation with us to get the ball rolling on receiving the settlement you deserve. We are here for you!