Did you know that in the US, medical malpractice remains a significant issue, with errors contributing to 251,000 deaths annually? Medical malpractice happens when a doctor, nurse, or hospital causes harm to a patient through negligence or a failure to provide appropriate care.
Louisiana tops the list, with an average of 33.88 reports per 100,000 people annually, while medical malpractice cases in Michigan are 21.64 per 100,000 people. If you or a loved one has been a victim of medical malpractice, knowing the timeline and duration of these cases is crucial.
But how long do medical malpractice cases take? Timelines can range from quite a few months to a few years, depending on the injury’s severity, the complexity of the medical issues, and the parties’ willingness to settle.
Let’s examine the factors that affect these timelines and how to proceed with your case.
Understanding Medical Malpractice Cases
Understanding exactly what medical malpractice covers is important when analyzing if you can have a valid claim. Medical malpractice occurs when a health practitioner fails to keep to the level of care that one can reasonably expect, causing pain or injury to the patient. Such malpractice may range from negligence to misdiagnosis to application of the unrequired procedure.
Medical malpractice attorney Robert J. David says whether the professional was underqualified, unaware of a condition, or negligent during a procedure, patients can file medical malpractice claims against these healthcare professionals to recover damages for the injuries they sustained.
What makes the claim valid is having proof that the practitioner was negligent and that his or her action caused damage to your health and well-being.
Factors Influencing the Timeline
Each state in the US has its own timelines and statutes of limitations when it comes to medical malpractice. If you or your loved one became a victim of a negligent healthcare practitioner, you have to remember that you have to file your claim within these statutes.
It takes time to gather evidence such as medical records, expert opinions, and witness statements, but you have to meet the deadlines for your claim to be valid.
In terms of the timeline on when you can possibly receive a settlement, the complexity of the case is the main factor and it’s what will determine the amount you can receive as well. A case having multiple parties or complicated medical issues will take more time to be resolved and processed.
The geographical region where the case is tried is another factor that has a significant impact on how long it will take, with different courts having different procedures and unique access to the backlog.
Typical Stages of a Medical Malpractice Case
Having an idea of what happens in a medical malpractice case can always help you to handle your situation with ease.
The first thing that happens during a legal consultation is an introduction where you meet face-to-face with the attorney and give him/her a detailed account of what happened. Your attorney will evaluate whether you have a case and then proceed to collect evidence and professional opinions during the investigation.
The attorney also prepares and files a complaint that will officially start the lawsuit. The next stage is spent in the discovery phase, where both sides exchange information and evidence.
Next are pre-trial motions and settlement talks. If no settlement is considered and the final tribunal date is established before the court, a judge or jury will hear the case. Each advancement phase takes time; therefore, you need to be patient.
The Role of Settlement Negotiations
Settlement negotiations will come at the latter stages of the medical malpractice lawsuit. Both parties will first negotiate the agreed-upon settlement to avoid the need for a trial. You must gather all evidence and know what your case is worth.
An attorney will handle this process by accounting for all future medical expenses or loss of mobility or life enjoyment when asking for a settlement on your behalf.
What to Expect During the Process
If you decide to pursue malpractice litigation, it will be helpful to know what to expect. Trials usually last months or years, depending on how complex your case is. Close communication with your counsel and a strong support network are crucial as you deal with the impact of the negligence you suffered. Patience is the most important element in this difficult time.
Achieving justice may not be simple, but it is always possible with the help of the right lawyer. Remember to prepare yourself mentally, physically and emotionally should you decide to pursue litigation.
