Average Length of a Medical Malpractice Claim

The Northside Hospital in Atlanta had 35,153 discharges in only one year. Other area hospitals had similar statistics. With so many people visiting doctors and hospitals, it should come as no surprise that the city has its fair share of medical malpractice claims.

Medical malpractice occurs when a doctor or medical facility does not maintain a certain standard of care. If a doctor misdiagnosed you or botched a surgery, you could have a malpractice claim. But getting compensation for your suffering does not happen overnight. It takes time and a lawyer's expertise. Before you take legal action, find out the average length of a medical malpractice case.

How Long Will Your Case Take?

There's no way to be certain how long your medical malpractice case will take to resolve. Typically, a case can take anywhere from three months to four years to come to an end. Because every case is so different, you can't know how long yours will take until you speak with an experienced attorney.

That said, there are some factors that can impact your case. All of the following details will affect the timeline for your malpractice claim:

Whether or Not You Settle

It's common for malpractice claims to end with a settlement. If the other party agrees to settle, your case will not go to trial. This could save you months or years of time. In most situations, cases that go to court end up dragging on. The trial process is complex and often involves waiting for discovery, court dates, and other time-consuming details.

How Much Evidence is Available

If there's not much evidence to analyze in a malpractice lawsuit, both parties will go through the discovery process quickly. It's unlikely that there will be many motions involving the evidence, which also saves time.

On the other hand, a case involving an abundance of evidence could take years to resolve. There may be many objections to evidence and delays to the trial process. Even the discovery process could take many months.

The Court Dockets

Some courts are busier than others. If you filed your lawsuit in an area with a busy docket or you get a judge that is particularly busy, you might need to wait a long time for your day in court. Meanwhile, some courts might be less saturated with cases. Your lawyer should be able to estimate how long it will take to get you a court date.

Other Challenges

There are many challenges that can keep your case from coming to a swift end. For instance, medical experts crucial to your case may not have much availability to testify. Your lawyer could experience some trouble obtaining all of your medical records.

While some obstacles are predictable, others are not. You never know what could hold up your case, so you should have the utmost faith in your lawyer to expedite the process.

Your Lawyer's Experience and Resources

An inexperienced or over-loaded lawyer may not be able to handle your case in a short time period. Because they don't know how to speed up the process or don't have the time to dedicate to your case, they could drag out the matter.

If you work with an experienced attorney, you improve your chances of a quick resolution. They will be able to speed things up as much as possible and handle any obstacles that come your way. If you're ready to take the next steps, visit this website.