A medical malpractice case can take as little as a few months or as long as several years to complete. It really depends on the complexity of the case. If both parties can come to a reasonable settlement, then the medical malpratice lawsuit will not take long to conclude. If they cannot agree, the case will go to trial and can drag on for various reasons.
Medical malpractice lawsuits can be filed against any health care worker including a doctor, nurse, hospital worker, dentist, pharmacist, or technician, who provided care below a certain standard of acceptable care. The patient who is suing must have been harmed by the negligence of the person being sued. This may include a wrong or missed diagnosis, prescribing or giving the wrong medicine, or injuries to a mother or child during delivery.
Your case will take the shortest amount of time possible when a settlement is quickly reached or when the evidence in the case is straightforward. For example, if an object was left inside a patient during surgery, the case would likely be uncomplicated and quick to settle, as most insurance companies would prefer not to present this story to a jury.
During the settlement process, you will be offered a cash sum and a choice of accepting it or not. If you do not accept the cash offer, then there may be a counter offer. The amount of the offer will depend on the strength of the case, and the estimated amount of compensation from a trial. If a case goes to court, however, things can take much longer. The following are just a few reasons why medical malpractices may drag on in court: The court dockets may be crowded and that can delay the case. There may be difficulty in getting the required medical documentation or witness testimony. People involved in the case, like doctors, plaintiffs, and certain medical experts may be busy. Appeals can also cause a case to drag on for years.
If you believe you were the victim of medical malpractice, you should strongly consider speaking with an attorney. Your lawyer can help estimate the length of time your case is likely to take and he can assist you with the steps needed to help move things along as quickly as possible.