Waiting for a patient injury claim to resolve can feel like watching paint dry…
The only difference is that everything is much more serious. Your medical bills, your lost income and the answers you deserve regarding what happened are all riding on it.
The average person has no conception of what they are getting themselves into when they file a claim against a physician or hospital.
Here’s the truth:
- Malpractice cases are slow
- They involve mountains of paperwork
- They can drag on for years
Knowing what to expect can make your patient injury claim much easier. Learn how long you have to file a claim and what to expect during each stage.
Let’s dive in!
In This Guide:
- Why Patient Injury Claims Take So Long
- The Average Timeline For A Malpractice Case
- The 5 Main Stages Of A Patient Injury Claim
- What Slows A Case Down
- Ways To Keep Your Case Moving
Why Patient Injury Claims Take So Long
Medical malpractice cases are not like other lawsuits.
Probably the most complicated claims you can file are patient injury claims. Why? Expert witnesses, thousands of pages of medical records and proof that the doctor violated the standard of care are all needed.
Think about it:
Every claim needs to prove four things:
- The provider owed a duty of care
- The provider breached that duty
- The breach caused the injury
- The injury led to real damages
Every single one of those elements requires proof. And every single one of those elements requires time to develop that proof. For these reasons, if you are considering a patient injury claim, you should choose a California medical malpractice attorney who has actually tried these cases before. Experienced counsel can really help move your case along.
The Average Timeline For A Malpractice Case
So how long does it really take?
The truth… It varies. However, most claims take between 18 months and 4 years.
Here is a rough breakdown of what to expect:
- Simple cases: 1 to 2 years
- Average cases: 2 to 3 years
- Complex cases: 4 to 5 years (or longer)
Statistics from the U.S. Bureau of Justice indicate medical malpractice claims take an average of two years to process. However, this timeline can rise dramatically with a complex case.
The reality is that very few cases actually go to trial. According to the BJS stats, only 7% end up going to trial. That equates to 9 out of 10 cases being settled or decided on motions before trial.
Which brings us to the actual stages of the process…
The 5 Main Stages Of A Patient Injury Claim
All patient injury claims follow a similar COURSE of events. They may go faster or slower, but the order of events is the same.
Stage 1: Pre-Suit Investigation
This is where your case starts.
Your attorney will obtain all your medical records, consult with expert witnesses and determine whether you really have a case. Many states even require you to obtain a “certificate of merit” from a medical expert before you can file suit. Just this process can take 3 to 6 months.
Stage 2: Filing The Complaint
Once the investigation is done, your lawyer files the complaint with the court.
The defendant then gets approximately 30-45 days to file an answer. From this point on the case is official in the court system and the countdown begins.
Stage 3: Discovery
Discovery is the longest stage.
Each side gathers and exchanges information such as evidence, depositions and reviews medical records. This process can take 12-24 months depending on the number of providers and amount of evidence.
Discovery often includes:
- Written questions (interrogatories)
- Document requests
- Depositions of witnesses and experts
- Expert witness reports
Stage 4: Settlement Negotiations
Most cases settle here.
Once discovery is completed and both sides have viewed the evidence, most cases are negotiated for settlement. Pressure to settle mounts as trial approaches. Cases are sometimes settled on the courthouse steps.
Stage 5: Trial (If Needed)
If no settlement is reached, the case goes to trial.
Trials can range from lasting just a few days to lasting multiple weeks. And we haven’t even talked about appeals yet. Appeals can tack on 1 to 3 more years.
What Slows A Case Down
Some patient injury claims fly through the system… Others get stuck for years.
Here are the biggest things that can slow a case down:
- Multiple defendants: The more doctors, hospitals, or nurses named, the more lawyers you’ll have to deal with.
- Complex medical issues: Rare conditions or complicated procedures take longer to prove.
- Uncooperative insurers: Some insurance companies drag their feet on purpose.
- Court backlogs: Busy courts can deflay hearings and trial dates for months.
- Expert witness scheduling: Top medical experts have packed calendars.
Insurance companies are aware that waiting benefits them too. The longer they drag a case out the more pressure there is for the patient to accept a lowball offer.
Don’t fall for it.
Ways To Keep Your Case Moving
You cannot control everything, but there are ways to speed things up.
Here is what actually helps:
- Hire a specialised attorney sooner rather than later. The early they start the case, the sooner they can build it.
- Get your records organised: Maintain a clean file of each doctor visit, bill and note pertaining to the injury.
- Stay in touch with your legal team: Answer calls and emails quickly.
- Tell the truth about your damages: Don’t leave out information that may help (or harm) your case.
- Be patient (not passive): Accepting that first lowball offer will only hurt you.
The best-run cases are the ones where the patient stays engaged from day one.
The Bottom Line
Patient injury claims take time…
That’s just the way the sausage gets made. From the pre-suit investigation phase through trial, most cases last from two to four years. You really can’t cut any corners.
But here is what to remember:
- Most cases settle without a trial
- The right lawyer can make a huge difference
- Being organised and patient pays off in the end
Waiting is difficult. But an efficiently managed patient injury claim can provide the compensation you need to move forward. Remember to pick the right legal team, stay involved, and trust the process.
Because at the end of the day, a fair outcome is worth the wait.
