Ask a Medical Malpractice Attorney: How Long Does a Malpractice Case Last?

Medical malpractice cases can be quite lengthy, as they often involve complex legal issues that require a significant amount of time and attention to resolve. However, working with a seasoned medical malpractice attorney in Baltimore can help to expedite the process, as they will have the expertise and experience necessary to navigate the complexities of your case effectively.

Ask a Medical Malpractice Attorney in Baltimore: How Long Does a Malpractice Case Last?

Every medical malpractice case is unique, and the length of time it takes to resolve can vary greatly depending on a variety of factors. It's not possible to compare your case to anyone else's, as the time frame for resolution can differ significantly. That said, it's not uncommon for medical malpractice cases to take two to three years to reach a resolution, even without going to trial. If a trial is necessary, the case may take more like four or five years.

If the potential settlement is very high, the case may be prolonged for over five years and even up to a decade. High-value medical malpractice cases tend to stretch on longer because they typically involve more complex legal issues and a higher degree of scrutiny. With a larger amount of money at stake, both the plaintiff and defendant are willing to expend greater resources to fight. Additionally, the defendant may be more likely to fight the case in court if the potential payout is significant. High-value cases may also require more expert testimony, research, and investigation to build a strong case.

Keep in mind that these are general timelines, and your case may be resolved sooner or later. Learn more about types of medical malpractice and how a lawyer can help you present the best case.

Other Things That Can Affect Your Timeline

Several factors can influence the length of time it takes to resolve a medical malpractice case. One of the main factors is the complexity of the legal issues involved. Cases that involve multiple defendants, complex medical procedures, or a large amount of medical evidence can take longer to resolve.

Additionally, the level of cooperation from the defendants and their insurance companies can also play a role in the length of time it takes to resolve a case. A defendant who is unwilling to settle or admit liability may prolong the process and lead to a longer case.

Why Having Legal Help Is So Crucial

Medical malpractice cases can be difficult to win for a variety of reasons, and each of these reasons simply highlights how important it is to have a legal professional helping you.

How Was Harm Really Caused?

One of the main reasons is that it can be difficult to prove that the healthcare provider's actions or lack of action caused your injury or harm. To prove medical malpractice, the plaintiff must show that the healthcare provider had a duty of care to the patient, that the duty of care was breached, and that the breach caused injury or harm.

This can be challenging because medical treatment always involves a degree of risk and uncertainty, and it may be difficult to determine whether the healthcare provider's actions were the direct cause of the injury or harm.

The Legal Resources of the Defendants

Another reason why medical malpractice cases can be difficult to win is that healthcare providers and their insurance companies often have significant resources to defend against these claims. They may have whole teams of attorneys and expert witnesses to refute the allegations and provide evidence in their favor.

Medical malpractice cases often require a significant amount of medical knowledge to understand the case and present the evidence. This means that the plaintiff's attorney must have a good understanding of the medical aspects of the case. Without an experienced legal professional on their side, most people are at an extreme disadvantage in these cases, even if their case is relatively clear-cut.

The Complexities of Law Generally

A lawyer can help you navigate the complex legal process and paperwork required for these types of cases. A lawyer experienced in medical malpractice cases will be familiar with the court requirements, deadlines, and laws that govern medical malpractice cases in Maryland. They can also help you understand the different legal options available to you.

It is important to note that while you can file a medical malpractice case without a lawyer, it's nearly impossible to navigate the legal system and paperwork on your own, especially with medical malpractice. Hiring a qualified lawyer can increase your chances of success and can also help to minimize the stress and uncertainty of the legal process.

Medical malpractice cases require a thorough investigation and attention to detail. This level of scrutiny and attention to detail can cause these cases to take a significant amount of time to resolve, with an average case duration of two to three years. Always work with a qualified medical malpractice attorney who can help guide you through the process.