Medical negligence claims vary considerably in time. While simple claims for minor injuries may take just several months when defendants admit negligence, more serious and complex cases will always take longer, with the average timeframe being one to three years.
Your medical malpractice attorney may take it to court when a defendant denies negligence or responsibility. And if it reaches that point, you and your lawyer will need to gather evidence.
Getting or gathering pieces of evidence and booking an appointment for analysis may take a few months, even when the evidence is clear-cut and points to negligence.
What the Processes of Medical Negligence Claims Involve
After someone decides to pursue a negligence claim and funding options are explored, records will then be obtained. Your negligence claim should be investigated properly, with enough evidence collected so as to support your case.
Your medical records as evidence should be obtained by your attorney and examined by a healthcare expert. This, on its own, will take somewhere between 6-12 months.
Independent experts should be instructed to prepare a medical report. This may determine whether harm was caused because of medical negligence and if the treatment offered constitutes a breach of duty.
Can Your Case End up In Court?
If the body or person liable for medical negligence denies wrongdoing, your attorney will consider whether it is only right to start a formal court proceeding.
Once a court proceeding starts, documents, including witness statements and medical reports, will need to be presented in the courtroom.
Your medical negligence claim is likely to be settled in later stages. But the majority of reputable attorneys’ cases are concluded before they get to trial.
Court Awards vs. Settling a Case out of the Court
If you make a medical negligence claim for compensation for the harm caused, there are two ways the claims can get resolved. A medical negligence claim might either result in a court award or be settled out of the courtroom.
Out-of-court settlements mean your case will not be seen in court for it to reach a resolution. This happens when both parties agree to the compensation settlement and outcome between themselves.
A medical negligence claim, which gets settled out of the courtroom, can be resolved quickly compared to those settled in court. That is because courtroom proceedings are time-consuming.
Timeline for Typical Medical Malpractice Claims
Although the exact steps for any claim may differ depending on the evidence available, the type of lawsuits, and other important factors, a typical medical malpractice claim will take about 12 months or even more.
This is because there are several processes involved in typical medical malpractice claims. Some of these processes are not limited to the following:
- Settlement negotiation
- Settlement trial or payout
If you believe you have a medical negligence claim, it would be best to consult a good lawyer first. Provide your attorney with as much information as possible. The more details you provide, the stronger the medical negligence case will be.