How Long Can My Medical Malpractice Suit Take?



When starting a medical malpractice claim, many people wonder how long it will take to get a settlement. The truth is that no two medical malpractice lawsuits are the same. Some may take weeks and others years to resolve. Many different factors combine to determine how long your medical malpractice suit can take. 

This article will outline the elements to consider to understand how long your medical malpractice case will take. We’ll also look at common timelines for medical malpractice claims and settlements and how a medical malpractice law firm can help.

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What is medical malpractice?

Medical malpractice is a type of professional negligence. It happens when your doctor or health-care provider fails to uphold the accepted standards of care. These mistakes or negligence then directly harm or contribute to harming a patient. Four general questions must be answered when filing a medical malpractice suit. 

They are:

  1. Was there a duty of care by the doctor to the patient?
  2. Was this duty of care breached?
  3. By whom was the duty of care breached? Was it one provider or are multiple providers involved?
  4. Did the breach of duty cause harm to the patient?

Some examples of medical malpractice include:

  • Misdiagnosis of an illness or a disease
  • Failure to follow up on diagnostic testing
  • Failure to ask follow up questions or take a complete medical history of the patient
  • Surgical errors
  • Medication errors and incorrect dosage
  • Premature discharge or inadequate aftercare

The length of a medical malpractice suit

As we said before, no two medical malpractice cases are the same. Each has its own complexity and specific circumstances. These circumstances will affect how long each case takes to settle. 

Some cases may settle out of court in the initial discovery phase and only take one to two years. Other cases may go to a jury trial or through an appeals process that could take three to five years. If you seek compensation over $2 million, the length of time is often five to fifteen years. 

On average, if you work with a medical malpractice law firm, a medical malpractice claim will take two to three years to settle. 

What is a medical malpractice law firm?

If you suspect medical practice, you may be wondering, how do I file a medical malpractice claim? The answer is to speak with a medical malpractice attorney. A medical malpractice law firm specializes in cases of medical error, medication error law, and medical malpractice claims. They are experts in the procedures and strategies of a medical malpractice case. They can help get the best result possible for your claim. 

Timeline for medical malpractice settlements

A medical malpractice attorney will work to settle your claim as quickly as possible. However, it’s essential to be thorough in the investigation and preparation of your case. 

Medical malpractice can be a complex claim and take years to settle. You become anxious, waiting and watching your medical bills pile up while you can’t work. 

You may feel pressure to settle your claim, but this could mean you miss out on the compensation you deserve. A medical malpractice law firm will fight for your case and help you get the best result possible. 

Suppose you suspect medical malpractice has occurred involving you or a loved one. In that case, it’s a good idea to seek advice from a medical malpractice attorney. LegalASAP has a network of experienced and available medical malpractice law firms who can talk through your case. Take our free evaluation to see if a medical malpractice lawyer can help you today.