The timeline of any medical malpractice case will widely vary based on a number of highly case-specific factors. In reality, the only method to determine accurately whether one has a viable medical malpractice claims case, as well as estimate how long and how much money may be involved in recovery of damages, a patient must consult with a medical malpractice lawyer directly about their individual case. From a general standpoint, however, there is sufficient information that may be able to direct patient’s thoughts when estimating the timeline of a medical malpractice case.
The Timeline of a Medical Malpractice Case Is Decided by Patients
In most cases, a patient will be the deciding factor in how long a medical malpractice case will proceed. In short, any medical malpractice lawsuit, unless settled outside of the courts, will continue until the case is heard by the courts in the courtroom and a judge or jury verdict is returned. More often than not, however, appeals may take place, which will ultimately drag a case out further. Going to trial, in general, can cause a claim to last anywhere from several months well into several years. Fortunately, for most patients, medical malpractice cases rarely go to trial, and in turn, are settled in a less time consuming manner.
Settling outside of Court
Immediately following filing a suit, a patient may begin to receive settlement offers from liable parties named in their suit. If a patient elects to take these settlement offers, the case can be over in relatively short time. Typically, the settlement process is one involving offers and counter-offers, but the decision of the patient to accept a given settlement offer often boils down to several considerations, not including time. These considerations include the relative strength of a patient’s case (how well would a case fare in the courts), the relative value of a patient’s case (how much compensation could be received in a trial), and the general financial needs of the patient (can a patient afford to continue litigating a claim, do they need the compensation shortly, etc.).
Using Alternative Dispute Resolution
Depending on state laws, certain cases can be resolved rather quickly via arbitration or mediation between liable parties and a patient. In short, either method will cut the costs or time of going to trial significantly assuming the process is started relatively early following the initial complaint filing.
Getting Legal Help with Medical Malpractice Cases
In reality, the length of time of any medical malpractice case will be decided mostly by the willingness of a patient to settle, as well as the willingness of liable parties to offer reasonable settlement amounts, often in light of the highly individual and case-specific nature of factors and elements surrounding an individual patient’s claim. Patients must consult with a medical malpractice lawyer, if they expect any form of favorable outcome in their medical malpractice claims case.
