A medical malpractice case is one of the most complex lawsuits in civil tort law. In some cases, a malpractice suit may go on for years in court. The time frame of a malpractice lawsuit all depends on the specifics of the lawsuit and the strength of the evidence in the case. Provided there is sufficient evidence to prove the malpractice, and sufficient damages to merit a large medical malpractice award, the defense will likely settle quickly.
Medical Malpractice Settlements
Most cases of medical malpractice will never make it to court. Often, the defendents will take into account all the details and evidence provided by the prosecution, and determine for themselves how likely the case would be to win in court. If the defendents, usually a doctor represented by attorneys from a medical malpractice insurance company, believe that they cannot successfully defend their client, they will seek to settle with the plaintiff rather than going to court.
Negotiation of Settlement Amount
The negotiation process varies from case to case, but may be settled in a matter of months. The prosecuting law firm will be trying to get their client the largest settlement possible, while the attorneys representing the insurance company and doctor will be struggling to pay out as little as possible. The back and forth during a medical malpractice settlement negotiation can sometimes take several months to a year, although a skilled medical malpractice attorney with experience going to trial can often force a settlement quickly.
The better the plaintiffs case, the more leverage the prosecuting attorney has to force a fair settlement amount.
Going to Trial When Settlement Fails
If the defending party will not offer an acceptable settlement amount, then it may be necessary to take the lawsuit to trial. In these cases, the lawsuit will take much longer, at time over a year or more. The reason is, medical malpractice lawsuits are so complex, the trial itself is painstakingly slow. Again, the better the evidence for the plaintiff, the quicker an award can be won.
During all this time, the injured party will be struggling with medical bills or lost time from work. Many malpractice attorneys can offer options for their clients to receive some money up front while the case is pending, to help them during this difficult time.
