Note: Chris’ story is a fictional scenario presented to help illustrate how long a medical malpractice suit can take given the circumstances.
Introduction
The short answer is that medical malpractice suits can take varied amounts of time due to multiple factors. While there is no guaranteed amount of time this type of lawsuit takes to be resolved, the typical range for an average case is two to three years.
However, people have settled in under a year, and others have taken over five years to settle. Let’s talk about what a medical malpractice lawsuit is and look at the factors that determine how long it takes to reach a settlement.
What is a medical malpractice lawsuit?
Medical malpractice is the third leading cause of death in the United States. Medical errors that contribute to someone’s disability, worsened symptoms, or poor prognosis are considered medical malpractice. It can be committed by physicians, nurses, and other healthcare professionals.
Even the facility itself can be found liable for damages. This includes hospitals, nursing homes, and other medical facilities. A medical malpractice lawsuit is a type of personal injury lawsuit in which a person or entity can be sued for their actions or failure to act (negligence) that contributed to someone’s injury or illness.
Common reasons medical malpractice happens include the following preventable problems:
- Falls
- Bed sores
- Short staffing
- Wrongful death
- Sepsis due to improper monitoring
How long do these suits take?
On average, it can take several months to several years to resolve. The length of a medical malpractice suit depends on many factors, including the following:
- The court’s schedule
- The complexity of a case
- The availability of evidence
- How much money is at stake
- How severe the damages are
- Whether or not the case goes to trial
- The willingness to negotiate a settlement
In simple cases that involve smaller amounts of money, cases can be resolved within a few months. In complex cases with higher amounts of money, lawsuits can carry on for years.
Cases where compensation exceeds $2 million can take 5-15 years for the lawsuit to reach a close. That being said, the length of time varies. Because these types of lawsuits can be a lengthy process, medical malpractice lawyers are available to guide you along the way.
An experienced attorney may even be able to help narrow down (give you an estimate of) the amount of time it takes for a medical malpractice lawsuit to reach its end.
What are the stages of a medical malpractice lawsuit?
Here’s a general breakdown of the stages and their typical timelines:
- Pre-filing Investigation: Before filing a lawsuit, the plaintiff’s attorney often spends several months investigating the case, gathering medical records and consulting with experts.
- Filing and Pleadings: The lawsuit is filed with the court, and the defendant responds. This process typically takes a few months.
- Discovery: Both sides gather evidence, including depositions and document requests. Discovery can take 6 to 12 months, or longer for complex cases.
- Pre-trial Motions and Hearings: These can include motions to dismiss or motions for summary judgment. This phase can add several months to the timeline.
- Settlement Negotiations: Many cases are settled out of court. Negotiations can occur at various stages and may take a few months, though some cases settle relatively quickly.
- Trial: If the case goes to trial, it can take a few weeks to a few months to complete, depending on the complexity.
- Post-Trial: If there are appeals, this can extend the process by additional months or years.
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.
Conclusion
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 40 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!
