From misdiagnoses to failures to provide treatment, medical malpractice lawsuits are about as common as they come. The good news is that, in Pennsylvania, you have the right to seek compensation for your losses due to medical malpractice. If you suspect you are the victim of medical malpractice, it's essential to seek out legal representation as soon as possible, but you may be wondering just how long does a medical malpractice lawsuit take?
Medical malpractice lawsuits are incredibly complicated, so there’s no easy answer to this question. The amount of time it takes to file and complete a medical malpractice lawsuit depends on a lot of different factors, including how much evidence you have, the amount of time that has passed, and many more.
While there is no one-size-fits-all timeline for medical malpractice cases, the one thing that you can count on is that you will not be able to resolve these types of cases overnight. Medical malpractice cases generally take upwards of a year to resolve and pay out, so you need to be ready to take on all that this entails.
Every medical malpractice case is different, so the only way that you can get a better idea of how long your particular case will take is to contact a reputable lawyer so that they can review your case and start the process.
The Medical Malpractice Lawsuit Process
Medical malpractice cases are complex, and the more you understand about the intricacies of the resolution process, the better you can prepare yourself for the battle ahead.
The process of filing one of these types of lawsuits can be broken down into a few different phases, all of which are equally important to the outcome of your case. From the initial discovery of the injury through to the end of your trial, your lawyer will be with you every step of the way to ensure that you’re well-informed and taken care of.
Whether you’re a recent victim or simply want to know more about what the medical malpractice lawsuit filing process looks like, here is everything you need to know about what to expect from each step of the process.
Finding the Injury and Filing the Lawsuit
Before a medical malpractice case can start, the victim needs to discover that something is wrong. This may take some time, as while some symptoms may start showing themselves immediately, others may take days or even weeks to manifest. This can lead to some victims not realizing that they have been the victim of medical malpractice until long after the incident occurs.
Regardless of how long this takes, the next step is, of course, contacting a legal professional. The lawyer you choose will then take time to review the details of your case to determine the best path forward. This usually involves conducting some sort of preliminary investigation that includes contacting medical professionals to determine whether or not the symptoms could be due to medical malpractice or something else entirely.
If the lawyer deems the case worth pursuing, they will then go ahead and notify the medical professional at fault of what is happening and file all the paperwork necessary to file the lawsuit.
The Discovery Phase
After the lawyer files the lawsuit, the case will move on to the discovery phase. During this phase of the process, both parties will review all the details of the case and seek out evidence and witnesses that may be able to support their arguments. This may also include contacting the opposing party to inquire about any further evidence or clarification that they may be able to provide.
This step is essential as the evidence you gather here will mean everything to your case and play a massive role in determining the outcome.
Settlement Negotiations
After the discovery phase comes settlement negotiations. This usually involves going through mediation with a neutral third-party mediator. During this mediation, both parties will present the evidence they found during the discovery phase, and the mediator will do their best to use that information to negotiate a fair settlement that both parties can agree on.
The vast majority of medical malpractice lawsuits are settled outside of court in mediation, so if things go well, this could be the final step of the medical malpractice case resolution process.
Depending on how complex the case is and the number of different parties involved, these settlement negotiations can be lengthy, making this step of the process one of the most likely to drag out the process.
Trial
In the rare case that settlement negotiations fail, the medical malpractice case will move on to a trial in court. This step is quite similar to the settlement negotiation phase, with the main differences being that you will be presenting your evidence in front of a judge or jury, and whatever decision the court comes to is final.
Contact HoeyLegal Today
Are you a recent victim of a medical malpractice case? Are you looking for a lawyer that you can trust to get you the compensation you deserve? Give HoeyLegal a call today.
Our team here at HoeyLegal is proud to be Chester County’s leading personal injury lawyer, specializing in medical malpractice, auto accidents, general negligence, and more. Our team is always here to answer your questions and will happily tell you more about how we can help you win your case. We’ll even help you set up a convenient free consultation so that we can begin discussing your case and prepare you for the long process ahead.
We understand just how nervewracking and stressful being the victim of medical malpractice can be, but we’ll always be here to be an advocate that you can trust to fight for you to the very end.
Don’t let yourself take on your case alone. Contact HoeyLegal and take the first step toward getting the fair and just compensation that you deserve today!