How long does a medical malpractice lawsuit take?

There’s nothing quite as upsetting as feeling let-down by those you would otherwise hope to unwaveringly place your trust in.

That’s why medical negligence lawyers know, more than most, the suffering and harm this can cause, as well as the pressing need for essential compensation. 

If you find yourself in this situation, you’re rarely in the mood to read the unnecessary preamble. Let’s just get straight to it: 

What is a medical malpractice lawsuit?

A medical malpractice lawsuit is a lawsuit that seeks to prove and seek compensation for injury or harm caused by inadequate professional standards, in this case, provided by a medical practitioner or caregiver. 

As this can relate to the inadequate application of medical care, often against those who were vulnerable already, these lawsuits can carry a heightened emotional toll. These lawsuits are usually founded in legal code that litigates and defends against professional negligence. 

A medical malpractice lawsuit seeks to prove injury and medical malpractice, and thus seek compensation and even professional consequences for the caregiver at large.

One: Finding the right lawyer.

Finding the right lawyer is essential. Medical malpractice is a highly specific litigation effort, and so it requires lawyers that are both skilled and experienced in this field. They will not only have to fully vet your claim and collect all evidence of your hardship, but they will need to prove through a long and arduous process that the caregiver is at fault. 

Finding a lawyer can take a mere day, but scheduling an appointment, speaking to multiple counselors and having them agree to take your case on may take a little longer.

Two: Investigation.

The investigation, also known as a discovery period, will bring pertinent facts to light. This might involve cataloguing evidence, requesting witness attention, requesting the allocation of medical files to support the case, and ensuring that the lawyer brings together a coherent and rational case. This may take weeks to months.

Three: Hire a medical expert.

Of course, while they are highly accredited professionals, lawyers are not medical scholars. In this instance, it can be that both you and your counsel needs to refer to a third party, impartial, yet highly informed and qualified professional. This is where hiring an excellent medical expert witness can come into play. 

Your lawyer will probably have connections with expert witnesses, and they will handle acquiring one for your case. This expert witness will help your legal counsel make the most accurate assessments and uncover (and testify) against any medical malpractice.

Four: File a lawsuit.

After all the evidence is gathered and the case has been curated strongly, it can be submitted. This may take weeks to be approved and sometimes can lead to a settlement offer or a chance to go to court. If that happens, an appointment must be set.

Five: Negotiation.

Sometimes, parties may wish to avoid going to court and reach a settlement on the part of the doctors or insurance company. This is worth hearing out, even if you choose to decline. 

Your legal counsel will help you talk through your options, and will advise as appropriate. Of course, if your case is strong enough, it may be worth seeing this process through to its natural conclusion.

Six: Trial.

The trial process will begin after a date is set. This can last weeks to months once more, with parties presenting their evidence in front of a judge and juries seeking to draw conclusions from empirical fact. 

To put it simply, there is no hard and fast timeline you can place on a medical malpractice suit. The extremely qualified nature of the individuals involved and the weight of the companies and legal counsel behind each party can sometimes leave these cases dragging out for months. 

This is why investing in the best counsel you can and reviewing your options is essential, as is the motivation to keep seeking justice for an injury you may have incurred. With this advice, we hope you can find the best and most justified outcome.

Chris Turn

Chris Turn