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How Long Will it Take to Resolve My Medical Malpractice Case?

This is a question that we are often asked and the answer is that it is impossible to know how long it will take to resolve your case without reviewing your claim and conducting a factual investigation. Even after our review and investigation, we may have a better idea of the length of time that may be involved, but we still will not be able to give you a definite timeline. There are many factors that can affect the length of time it takes to resolve a medical malpractice claim.

Factors that may affect the length of your case

  • The strength of case – Insurance companies and defendants may want to settle faster if they know that you have a solid case. They may not want to take the risk of a large jury verdict in your favor. In these cases, if they agree to a fair settlement that fully compensates the plaintiff, the case will likely settle quickly. If it is a weak case, they will probably prefer to take it to trial unless you are willing to accept a very small payout because they just want to make the case go away.
  • Injuries – If your case requires an independent medical evaluation (IME) and your injuries are severe, especially if you are going to need long-term medical care, your case will most likely take longer. If your medical issues are complex, your case may require more expert witnesses and more investigation, which will, of course, take longer for the case to resolve.
  • How much investigation needs to be done – Many things are involved in conducting a medical malpractice investigation including reviewing medical records, serving discovery, taking depositions, and hiring medical experts. In other cases where there is not a lot to be investigated, the case will move more quickly. Cases that do not require a lot of investigation may not involve complicated medical issues and the negligence and resulting injuries may not be heavily disputed. For example, a case in which the wrong limb is amputated or a surgical item is found inside the plaintiff’s body, the investigation is going to be less time consuming which will move the case along more quickly.
  • Witnesses – The case will last longer if there are a lot of expert witnesses involved in the case because all of those witnesses will be deposed and give testimony at trial.
  • Multiple defendants – If there are multiple defendants, and they’re often are in medical malpractice cases, the case will take longer to resolve.
  • Settlement – Obviously if you settle, your case will be resolved sooner than if your case goes to trial, but you never know when a case will settle. Sometimes it will settle early before you even have to file your claim. Sometimes a claim will settle midway through trial preparation or sometimes settlements will happen as late as right before or during the trial.

The fact is, it can take a few months to years for a medical malpractice case to be resolved and it depends upon the facts of your case and parties involved in the lawsuit. If you believe you have or may have an injury caused by medical malpractice, contact Philadelphia medical malpractice attorney, Eric Weitz, to schedule a consultation. The Weitz Firm, LLC has spent more than 25 years working on medical malpractice cases. We will review the facts of your case and discuss your recovery options.

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