Every year, thousands of Pennsylvania residents file medical malpractice lawsuits, and for a good reason. Pennsylvania state law states that every resident has the right to seek fair compensation if they are the victim of a personal injury, including those caused by medical malpractice. The only problem is that the process of filing a medical malpractice lawsuit can be complicated, and if you are a recent victim of medical malpractice, you may be wondering just how long it takes to file a medical malpractice lawsuit.
Medical malpractice lawsuits are incredibly complex by nature, and the time that it takes to settle a case can vary widely depending on any number of factors. The one thing you can count on is that medical malpractice lawsuits take a long time, with most taking upwards of a year to resolve.
This doesn't mean that you have to go into your lawsuit with no timeline at all, but it does mean that you'll need to contact a lawyer and start your case before you'll have any clue as to how long your particular case will take.
What Does the Medical Malpractice Lawsuit Process Look Like?
The process of filing a medical malpractice lawsuit can be broken up into a few different steps, and understanding these steps can go a long way to helping you better understand how long your lawsuit will take and where there might be delays.
Whether you suspect that you’ve been the victim of medical malpractice and are getting ready to file your lawsuit, here is what you should expect the process to look like.
Finding the Injury and Filing the Lawsuit
The first step of any medical malpractice lawsuit is, of course, the discovery of the injury. While some symptoms may be immediate, it may take days or weeks to realize that these symptoms aren’t normal and could be due to medical malpractice.
After the discovery of the injury, the victim will then need to contact a lawyer to represent them. After being contacted, the lawyer will typically review the case and conduct a preliminary investigation to determine if the victim has a viable case worth pursuing. This often includes contacting medical professionals to help determine if medical malpractice could be the cause of the personal injury.
If the attorney concludes that their client has a case, they will then notify the medical professional or hospital who is at fault of their intent to file a lawsuit, after which they will move forward with filing all the paperwork necessary to start the case.
Discovery Phase
After the attorney files the lawsuit, both parties will go through a discovery phase where they conduct their own investigations. During this discovery phase, both parties will review the merits of the case, attempt to find evidence supporting their causes and interview witnesses who may be able to provide further evidence and clarification.
Both parties may also request evidence from each other to ensure that they have a more complete picture of the case before moving forward with the process.
This stage of the medical malpractice lawsuit process is incredibly important as the evidence gathered during this step and the arguments that both parties choose to argue will play a key role in determining the outcome of the case.
Settlement Negotiations
After the discovery phase, both parties will move to settle the case outside of court. These settlement negotiations can be lengthy, especially if the case involves multiple different parties or is particularly complex, making this step one of the most likely to draw the whole process out.
It is usually in the interest of both parties to come to a settlement outside of court, so the vast majority of medical malpractice cases end here, but if settlement negotiations fail and neither party is willing to accept the other's offer, the case will move on to a court trial.
Trial
While most cases never actually get this far, medical malpractice cases that fail to come to a settlement outside of court will go to trial. During this step, both parties will present their arguments either to a judge or jury, who will then use all this information to determine a fair and just outcome to the case.
What is the Statute of Limitations for Medical Malpractice?
In order to file a medical malpractice lawsuit, you must file it before the statute of limitations runs out. In most states, the statute of limitations for medical malpractice is between one and three years, with Pennsylvania’s statute of limitations falling right in the middle at two years from the time the medical malpractice took place.
This is one of the many reasons why you should act as quickly as possible to seek legal representation and file your lawsuit while you still can.
Contact HoeyLegal Today
Are you looking for a trusted medical malpractice lawyer in West Chester, PA? Contact HoeyLegal. Give us a call.
Here at HoeyLegal, we're proud to be the leading personal injury law firm in the Chester County area, and we specialize in getting our medical malpractice clients the compensation they deserve. Our expert legal 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 offer you a free consultation to help start your case as quickly as possible.
We understand just how scary being the victim of medical malpractice can be, but we'll always be here to be the trusted advocate you need to fight for you while you focus on recovering. Don't trust anyone else with your medical malpractice case. Call HoeyLegal and take the first step toward a fair and just settlement today!