On average, most medical malpractice cases take 2 to 3 years to resolve. However, if a medical malpractice case goes unresolved and goes to trial, the lawsuit can take up to 4 years. The filing of the lawsuit sets the clock on the moment the case could go to trial. Each state's pretrial procedures are different, but they will generally take one and a half to three years after the medical malpractice lawsuit is filed to come to trial.
Medical malpractice occurs when a medical professional, such as a doctor, surgeon, nurse, or anesthesiologist, fails to maintain their usual standard of care, resulting in injury to the patient. If you were injured due to the negligence of a healthcare provider, you may be entitled to seek compensation for the damage you suffered and the losses you incurred. However, medical malpractice lawsuits can take months or even years to resolve, depending on the specifics of your situation. Many factors can influence the amount of time it takes to get compensation.
New York State is stricter than some other states in that, for most medical malpractice cases, the discovery rule is not present. Most of the time, no matter when you discover that you have been a victim of medical malpractice in New York, the deadline is set from the date of the incident. Given the backlog of cases in U.S. courts in general, it can take six months to a year or more before a medical malpractice lawsuit is resolved.
This is often too long for families struggling with runaway bills. Your lawyer can give you options to get some money up front, if your case has a good chance of success. The statute of limitations, or deadline, for medical malpractice in New York is 30 months, or two years and six months, from the law. The medical expenses and loss of income associated with a medical malpractice case often reduce and put families already in trouble in a downward financial spiral.
If you think you have a medical malpractice case, you're probably wondering what to expect once the process starts. More often, and especially in larger medical malpractice cases, doctors' insurance companies are not interested in discussing a settlement until after the lawsuit has been filed and they have had the opportunity to do their pre-trial investigation. Since almost all medical malpractice lawyers charge their clients a contingency fee, they are not paid for their services or reimbursed for legal expenses until the case is concluded. The statute of limitations for filing a medical malpractice case in New York is two and a half years from the date of the act that caused your injury.
If defense attorneys don't offer a reasonable settlement, then a good medical malpractice lawyer would take the case to trial. This is one of the most unfortunate facts about the complexity of medical malpractice lawsuits in the U.S. UH. An out-of-court settlement can greatly speed up the resolution process for your medical malpractice case.
The certificate states that the plaintiff's attorney has reviewed the facts of the case and consulted with at least one licensed physician and determined that there is a reasonable basis for filing a medical malpractice lawsuit. Victims of medical malpractice often face serious financial problems that are directly related to their damages. The most notable discovery rule in New York medical malpractice cases is the discovery of a foreign object in the body, usually after surgery.
