Dealing with medical malpractice claims can be complicated, involving various legal and medical issues that require an injured patient to navigate through procedural hurdles. Attempting to manage this alone can be challenging, so having an experienced lawyer is essential to improve your chances of success.
Read on to discover how to find the best and most qualified medical malpractice lawyer for you and your unique case and what a timeline might look like for your case.
How long will my medical malpractice case take?
After an injury, many individuals who are suffering from an injury want to know the timeline of a medical malpractice lawsuit. Although there is no certainty due to the uniqueness of every case, almost every claim follows certain stages of a medical malpractice case. Injured individuals who are working with an attorney will typically have a more favorable outcome, and with the right representation, any issues or factors affecting the timeline of medical malpractice cases are taken care of by your attorney or team of attorneys.
On average, once filed, the clock starts running on when the case might reach trial, which typically takes a year and a half to three years. The following stages listed below are typical points in a case that a lawyer will work with a client to resolve before moving forward.
Investigating and Evaluating Medical Records
The first step that a medical malpractice lawyer will take is to discuss your medical condition and the medical treatment that led to the healthcare provider’s alleged medical negligence. The lawyer will then request all medical records and bills associated with the alleged malpractice, as well as any other medical history records that may affect the case, and this process may take several months.
Once the relevant records are available, the lawyer will review them to assess whether there is a viable medical malpractice case.
Hiring a Medical Expert Witness
If your lawyer determines that you may have a malpractice case, they will seek out and employ a suitable expert medical witness, usually a doctor who practices in the same specialty as the defendant. To succeed in your case (and in some jurisdictions, even to file a medical malpractice lawsuit), a qualified expert must review the medical records and provide an opinion that the healthcare provider’s conduct deviated from the appropriate medical standard of care.
Considering Settlement Negotiations
While many personal injury cases are resolved before filing a lawsuit, pre-lawsuit settlements are not typical in medical malpractice cases, though they can occur. In more substantial issues, doctors’ insurance companies may only engage in settlement discussions after the lawsuit is filed and they have conducted their pretrial investigation.
Discovery Period and Mediation
After the pre-lawsuit procedures have been satisfied, the parties begin the litigation process, which involves “discovery” to investigate each other’s legal claims and defenses. This process can last a year or more and may require court intervention if one party is dissatisfied with the other’s responses. As discovery ends, the lawyers may start negotiating a settlement, which can occur through mediation or direct discussion.
If the case cannot be settled, it is scheduled for trial. However, trial dates can often get rescheduled due to court schedules and case progress delays, delaying a proposed timeline.
Do you believe you have a medical malpractice case?
Have you been injured due to medical negligence? At Snyder & Wenner, P.C., we understand how difficult and horrifying it can be for someone to suffer an injury after visiting a hospital. We’re here to help people who believe their injuries were caused by medical negligence get the justice they deserve.
Our experienced attorneys have helped many victims receive fair compensation from those responsible. Contact us today to schedule a consultation.
