Medical Malpractice Settlement Timeline
Are you wondering how long your case will take to settle? Watch this video about the medical malpractice settlement timeline in Florida to find out.
How long will my medical malpractice case take?
I am asked by medical malpractice clients how long their cases take to resolve. Medical malpractice cases are considered complex litigation and the average medical malpractice case takes about three to three-and-a-half years from the time it actually starts in a lawsuit in court.
The state legislature has passed numerous protections for doctors, hospitals and nursing homes, and other healthcare providers, that don’t exist for anyone else in the law, and there are a long series of things that have to take place in malpractice cases that don’t happen in most other cases. They also passed laws that mean unless you sue everybody that could be blamed in the case, the defense has advantages where they can put people on the verdict forms and reduce your verdict for people that may not be in court. That means that there are typically multiple parties in most medical malpractice cases. That makes cases go longer because you have multiple lawyers, and everything takes longer to schedule.
There’s also something called a pre-suit procedure that happens in medical malpractice cases, and it is a lengthy procedure we have to go through before we’re allowed to go to court. We have to give the other side actual expert opinions. In most cases, you don’t have to present expert opinions until you’re actually heading into trial, but in a medical malpractice case, we have to hire and get written expert opinions that we give to the other side before we’re even allowed to start the case. We have 90 days of investigation before we can head into the lawsuit to even get to a trial.
Because we have these formalized steps that need to be taken, it is a lengthy, complex process. If you don’t have people that know exactly what they’re doing and how to respond to these formalized processes, you can lose your case. What I tell all of my medical malpractice clients is you have to come into it with the mindset that I’m going to live with this for a long time, I’m prepared to go to trial, and I’m going to hope that it gets resolved before that, but if it doesn’t, then we’re going to live through a lengthy tough process.
Were you or a loved one seriously injured due to hospital negligence and have questions about how long a medical malpractice settlement will take?
Contact our experienced Jacksonville medical malpractice lawyers at Edwards & Ragatz, P.A. today for a free no obligation consultation and case evaluation.
Let our years of experience work for you.
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