From the point where one files the complaint and initially starts the lawsuit, how long til a resolution?
Bazinga!
Minimum a year, it could take 5 or more years.
Oldlady
First, you don't start with the lawsuit. There is a long period of investigation first, where the records are sent to experts to determine if there is malpractice.
If that is determined, then the lawyer will make a demand to the insurance company, hospital, doctor, whatever. Then they might negotiate or they may turn it down flat. If they negotiate, it can be settled without a suit ever being filed.
After the suit is filed, it depends on a lot of factors. How backed up the courts are and when they set trials. It can be a year or more before a trial happens. But that only happens in obvious cases, like cutting off the wrong leg or something.
Where I am, the courts are setting some trials a year down the road. In California, it can be even longer.
And then the attorneys can delay everything for various reasons, again depending on the state. They have to get depositions from experts, coordinate schedules of all the experts and the attorneys, etc. It can be five years.
Orignal From: How long does a medical malpractice case usually take?
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