A medical mistake can have lasting consequences, impacting your health and well-being. But, with the complexity of medical malpractice cases, a common question arises: How long does a medical malpractice lawsuit take?
Timelines vary depending on several factors, but this guide breaks down the key stages to help you prepare for what’s ahead.
Understanding the Medical Malpractice Lawsuit Timeline
The time to resolution of a medical malpractice lawsuit depends on many factors, but notably on the number or parties and witnesses, if the Defendant or the defense insurance company engages in settlement negotiations, and court scheduling (also based on the County where the case is brought).
Understanding the average resolution time for medical malpractice lawsuit process can help set realistic expectations. On average, a straightforward medical malpractice case may last around approximately 2 years. However, a multiparty case, particularly if the defense chooses to “defend” rather than negotiate, may take upwards of 3 to 4 years. Here’s a further look at the steps involved and what impacts the timeline.
Initial Consultation and Case Review
The process begins with a review of your claim. During this stage, an attorney goes over the facts with you, evaluates records, does research and consults with experts to analyze whether criteria for medical malpractice case are met. Notable factors of the analysis include:
- Whether a medical professional neglected to meet the standard of care, as defined by national guidelines, or by what a credible expert in the field considers to be “reasonable” practice.
- The extent of provable damages caused by the harm, such as severity of disability, the intensity or duration of physical pain, ongoing medical expenses or lost income.
This phase will normally take several weeks, including the time needed to identify and order additional medical records (which is typical in an involved case).
Pre-Lawsuit Negotiations
Before formally pursuing a claim, attorneys may attempt to negotiate directly with the healthcare provider’s insurer. While not typical, some cases are well suited to this avenue. So even if this may take a few months to engage the opposing insurance carrier, it can ultimately save time in allowing a fair resolution to be a matter of months, instead of years.
Filing the Lawsuit and Initial Responses
Normaly, a case is formally commenced by filing a “Complaint” in the New York State Supreme Court (the general jurisdiction court for malpractice cases in New York). This stops the “statute of limitation” from running, and starts the formal legal process of your case.
From filing of the Complaint, the other side has thirty days to “Answer.” Along with their Answers, the other side will typically serve initial “demands” for more specific pleadings, and iauthorizations to obtain relevant medical records.
This phase of drafting and serving initial pleadings, receiving initial demands and responding to same, normally takes 2-3 months.
Discovery Phase
The “discovery” phase is typically the longest part of a medical malpractice case. Both sides gather information to build their arguments. This includes:
- Requests for documents by both sides.
- Depositions of you, the client (“Plaintiff”) and each of the named, individual Defendants.
- Depositions of other key witnesses, such as key employees of any hospital or medical practice Defendants.
- Court conferences and any legal “motions” for disputed pretrial issues.
Estimated time frame: 12-18 months, depending on case complexity and the Court’s docket.
Filing “Note of Issue” and Pre-Trial Hearings
When all discovery is done, attorney for Plaintiff may file a “Note of Issue” which places the case “on line” for trial.
During this time the Courts will typically hold several additional conferences, while the case is “on line” (and older cases are being tried). During this time, the Court may encourage settlement discussions. And, many cases that resolve will do so duing this phase. Since by this time, both sides have taken all depositions, met with experts, and should have a fairly, detailed understanding of the merits of the case.
Also, during this time motions for “summary judgment” may be made by some or all the Defendants, in which they seek to have the case dismissed if they feel they can convince the Court that there is conclusive proof for the defense. Estimated time frame: several months to a year (depending on case complexity, the assigned Judge, and venue/County where the case was filed).
Trial
If no settlement is reached during or after discovery, the case proceeds to trial. Trials in a malpractice case normally last from 2-4 weeks. During the trial, both sides present evidence and witness testimony. Your attorney will advocate for your side, emphasizing the need for accountability and compensation for the harm done.
Estimated time frame: 2 to 4 weeks for a serious medical malpractice case. While a verdict will normally mark the end of a case, some cases may continue with “post trial motions” or (on occasion) appeals.
Why It’s Often Worth the Wait
Medical malpractice cases can take time. But your life is not “on hold” during this time. If you have the right attorney they should shoulder most of the work, and your involvement will only be needed at intervals. And, if it’s a significant and worthy case (by definition a life changing event ) then the process can be worth the wait. This is especially true when one considers that the alterntive (simply doing nothing in the face of life changing malpractice) is often not a reasonable option.
Tips for Navigating a Medical Malpractice Case
Here’s how you can be an effective client, and avoid undue stress during the process:
- Keep Detailed Records early on: Before you see an attorney, put your best recollection of relevant events down on paper, on a document titled “For Consultation with My Attorney.” These notes are your right to keep, and are legally privileged. But don’t wait until many months down the road to put them together. Make your notes while your recollection is fresh.
- Communicate with Your Attorney: Stay informed about your case and ask questions when needed.
- Be Patient and Remember “Life Does Go On.” While of course a significant malpractice case is a high stakes process, it should never be considered the sole purpose of your life. You hired an attorney to help you, not add to your stress. If properly viewed in this way: seriously but with perspective, you will do what you need to do, while not compromising the quality of the rest of your life while your case is pending.
- Seek Support: Navigating a medical malpractice case can be overwhelming, but you don’t have to go through it alone. Surround yourself with supportive friends, family. Often, good mental health counseling is important for those who have experienced a serious injury or loss due to malpractice. Though if you seek this step, you should also consult your attorney to protect the confidentiality of any counseling you seek.
