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Medical malpractice lawsuits are considered among the most complicated personal injury lawsuits. The complexity of these cases is because the burden of proof relies on several factors. The case evaluates how medical care was provided and how it should be provided. These elements are crucial in determining if a mistake occurred and if the mistake was avoidable.
Medical malpractice lawsuits often take between two and three years for a settlement to be reached. However, it can take up to four years if the case goes to trial and five to 15 years if the estimated compensation is more than $2 million. Due to these complexities, if you or your loved one feels they were harmed or suffered due to negligence of medical care providers, engage the services of an experienced law firm like The Tinker Law Firm PLLC.
Factors That Determine the Timeline of Medical Malpractice Lawsuit
Several factors should be considered before a medical malpractice lawsuit is filed. The combination of these factors makes the case complex and takes longer. Important determinants of the length of medical malpractice cases include:
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Complex medical issues that require input from multiple healthcare professionals
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Cases involving multiple hospitals or medical teams
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Cases involving several doctors from the same team
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Cases around rare or novel medical issues
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Cases with multiple witnesses
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Complex legal issues, such as country laws that breach state laws or hospitals with branches in different states
Corporation by the defendant and experience of their legal representation also determines the length of time medical malpractice cases take. In most cases, nurses, doctors, hospitals, or medical professionals are defendants in medical malpractice cases. Since doctors and hospitals enjoy support from experienced legal agencies, defending lawyers often employ different tactics to delay these cases.
Timeline for Malpractice Lawsuits
The timelines for these litigations include:
1. Discovery
As mentioned, litigating medical malpractice cases is complicated. The initial evaluation stage includes an extensive collection and review of medical records, tests, imaging results, and other important documentation to determine:
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When and where the malpractice occurred
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The time taken by medical providers to identify acts of negligence
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The time it took before the provider took steps to implement remedies that prevent or limit further harm or death
The initial process may take a lot of time. Medical records are also sensitive and contain confidential details. Unfortunately, some medical service or insurance providers can intentionally delay these records, especially if they are aware of wrongdoing.
2.Investigation
Here, third-party medical experts are hired to establish the standard of care and evaluate the case details. Standards of care outline what the care provider ought to have done. These facts are compared to the care provided to determine if there was a mistake due to negligence. The claim only becomes successful if there’s proof negligence happened.
3.Settlement negotiation
If there’s evidence of medical malpractice, the defendant often tries suggesting a settlement to prevent the case from going to trial. Your legal team should negotiate to ensure you receive a reasonable settlement for the claim. The case may head to trial if both parties don’t reach an agreement.
Endnote
There are no specific timelines for medical malpractice litigation. However, if you suspect medical malpractice involving you or your family member, you should seek expert legal counsel.
