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If I decide to file a medical malpractice lawsuit, roughly how long can I expect the entire process to take from start to finish?

Medical malpractice cases can be complex, and as such, it is asked that clients exercise patience. However, these cases often have the potential for substantial compensation, especially if you suffered irreversible and catastrophic health complications or injury.

The first stage involves the initial consultation and case evaluation, a process where you meet with your attorney in order to discuss the particulars of your case and determine whether you have a valid claim. The attorney, during this phase, will consult with expert witnesses as well as take a look at your medical record and then provide you with an assessment regarding the viability of your claim. This process is expected to last anywhere between 1 to 2 weeks.

The next stage involves the preparation and filing of your law suit, and this generally includes the drafting of all lawsuit documents and their filing with the courts. The complaint forms the nexus of these documents as it provides the courts as well as defendant’s representatives with the medical malpractice allegations as well as the damages you’re seeking. This process can take anywhere from 2 to 4 weeks.

Next, we have discovery, which involves the exchange of documents between the two parties, depositions, and the gathering of evidence which forms the foundation of the case. Depositions can be extensive, and as such, discovery can take anywhere from 6 to 12 months.

The fourth stage is the settlement stage or preparation for trial. Depending on the outcome of discovery, both parties may agree to settle out of court, which is ideal in most cases as it eliminates the need for expensive and drawn-out litigation, and settling can take 3 to 6 months.

Finally, trial and verdict happens when parties are unable to agree on a settlement. Often, insurance companies will refuse to pay out settlements in high stakes cases because they believe that the claim isn’t worth what we are asking for on behalf of the client. Most of the time, they are wrong. In such cases, we will prepare your case for trial, which will culminate in a judge or jury rendering a final verdict. Trial typically takes 2-4 months.

Even though this entire process may seem exhaustingly long, it is necessary to ensure that you receive compensation that is commensurate with your injuries. Overall, you can expect the process to take up to 1 to 2 years from beginning to end. Finally, please note that these time estimations are approximates and they are not set in stone, and that each case is unique, so yours might take a shorter duration or longer, depending on the particulars of your case.