Victims of medical malpractice and their families need answers and compensation. They also need closure and an end to the madness so they can rebuild for the future. It is understandable when they want to know how long their case will take. Unfortunately, there is no one or average answer.
Each medical malpractice case is unique and follows its own timeline. That said, certain factors can give you an idea of whether your case might be resolved quickly or take a while.
Although each case is unique with unique timing considerations, a close look at medical malpractice cases shows that most fall within a somewhat broad time range.
Generally, the numbers show that the lion’s share of medical malpractice cases take between two and five years to resolve. This wide range gives you an idea of the variance between issues and resolution times common among medical malpractice cases.
Medical malpractice cases typically involve complex medical and legal issues that cause them to have more extended resolution times than other personal injury claims.
That said, not all medical malpractice cases need extended periods to resolve, but many do. The medical and legal issues plaguing these cases must be thoroughly addressed and resolved before a case can proceed.
Medical malpractice issues are among the most complex in personal injury cases. For this reason alone, they can take much longer than other personal injury cases.
Additionally, medical malpractice cases require an extra step that obliges medical malpractice claimants to complete a certificate of merit demonstrating that the attorney of record has consulted with appropriate medical experts who agree that the claim has merit.
Have you ever heard of a battle of experts? This is precisely what occurs in many medical malpractice cases, as each side utilizes expert witnesses to back their case and attack the other party’s arguments. If many obscure issues are involved, you can expect your case to take a while.
Another general rule is that if your injuries are quite serious, it is reasonable for your medical malpractice case to require an extended resolution time.
Serious injuries translate directly into higher liability for defendants and their insurance companies. As such, insurance companies and their medical malpractice policyholders put up aggressive defenses to high compensation demands for serious injuries. This leads to cases sometimes dragging on.
For example, if a medical malpractice victim is seeking damages related to a negligently set broken arm, her case will likely be concluded much more quickly than a victim suing for damages stemming from a wrong-site surgery or erroneous amputation.
Multiple parties to a medical malpractice action necessarily complicate proceedings, which often leads to extended claim resolution times. Each party may potentially have their own counsel, and multiple insurance companies may be involved, which invariably extends the resolution time of a case.
For instance, if a doctor fails to diagnose a condition, the blame may potentially lie with both the doctor and the maker of the equipment used for diagnosis. If so, the victim’s attorney will be dealing with two parties instead of one, meaning two certificates of merit, two causes of action, etc.
If the doctor is an employee of the hospital, the hospital can also be sued based on the legal theory of vicarious liability.
Victims of medical malpractice can help their cases move toward a timely resolution by initially taking legal action immediately or soon after an incident of medical malpractice.
Ultimately, the victim exercises great control over how soon their case will be resolved since the countdown to resolution does not start ticking until they actually contact a medical malpractice attorney to begin pursuing compensation.
In other words, if you have been victimized by negligent medical professionals, the sooner you take the first step toward compensation, the sooner you will get compensated for your losses. You also protect your claim from expiring.
Unfortunately, many of those who have experienced medical malpractice delay in seeking justice for various reasons, including:
The problem with the final reason is that the harm caused by medical malpractice leads to tangible and intangible damages that wreak havoc on victims and their family members.
Many who initially try to leave the issue in the past eventually realize that suing is the appropriate course, so they hire lawyers but typically only after suffering through many months of harm caused by medical negligence.
By not seeking legal counsel immediately, they effectively add months or even years to the time it takes to get compensated.
When medical professionals are negligent, people suffer injuries and death. They also lose trust in the system of medicine in this country. If a medical professional has harmed you or someone you love, don’t hesitate to reach out to Silberstein, Awad & Miklos for a free consultation and case review. Learn how our team can help!
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