How Long Does a Medical Malpractice Case Take?

Did you know that the average medical malpractice lawsuit in the United States can take anywhere from a few months to several years to resolve?

After understanding the statute of limitations for medical malpractice cases in Washington, it's good to consider the length of time these cases typically take to resolve. While each situation is unique, having a general timeline can help manage expectations and provide clarity during a stressful period. 

At The Law Office of Dan N. Fiorito III, I am committed to offering clear, approachable guidance throughout your legal journey, making sure you are well-informed every step of the way.  

Initial Consultation and Case Evaluation

The journey of a medical malpractice case begins with an initial consultation and case evaluation. This phase is needed to set the foundation. During this stage, I will gather all relevant information about your case, including medical records, timelines, and potential witnesses.

This step will make sure that I can have a comprehensive understanding of the situation and can advise you appropriately. Typically, this stage takes a few weeks to a couple of months, depending on the complexity of your case and the availability of documents.  

Pre-Litigation Phase

Before filing a lawsuit, several steps must be taken to build a strong case. The pre-litigation phase involves: 

Medical Review  

An independent medical expert reviews your medical records to confirm whether malpractice occurred. This step is critical as it forms the basis of your claim. It can take anywhere from a few weeks to a few months, depending on the availability of the medical expert and the complexity of the medical issues involved. 

Pre-Suit Notice 

Washington law requires that you provide a 90-day notice of intent to file a lawsuit against healthcare providers. This notice serves as a formal alert to the healthcare provider that you are considering legal action, which may prompt early settlement discussions. 

Negotiations 

Often, parties attempt to settle before a formal lawsuit is filed. These negotiations involve back-and-forth communications between your attorney and the defense, aiming to reach a mutually agreeable settlement without going to court. This process can take several months but varies widely based on the willingness of both parties to negotiate and the strength of the evidence. 

Filing the Lawsuit 

Once the pre-litigation phase is complete, and if a settlement isn't reached, we proceed to file the lawsuit. Filing the lawsuit initiates the formal litigation process, which includes several stages: 

Discovery Phase

The discovery phase is a big part of the litigation process where both sides exchange information, documents, and take depositions. This phase is known for gathering evidence that will support your case. It involves: 

Interrogatories 

Written questions that the other party must answer under oath. 

Depositions  

Oral questioning of witnesses and parties involved, conducted under oath and recorded for later use in court. 

Request for Documents  

Exchanging relevant documents, such as medical records, emails, and other evidence. 

The discovery phase can last anywhere from six months to over a year, depending on the case and the court’s schedule. Delays can occur due to the volume of evidence, scheduling conflicts, or disputes over the admissibility of certain pieces of evidence. 

Pre-Trial Motions 

Before going to trial, there might be several pre-trial motions, such as motions to dismiss or motions for summary judgment. These legal maneuvers aim to resolve certain issues before the trial begins. For instance, a motion to dismiss might argue that the case should not proceed due to lack of legal grounds, while a summary judgment motion seeks to resolve the case without a trial based on the facts presented. These motions can add several months to the timeline, depending on the complexity and the court’s schedule. 

Trial Phase 

If the case goes to trial, it could last from a few days to several weeks. Factors influencing the trial duration could be: 

Complexity 

More complex medical issues require longer trials. Cases involving multiple expert witnesses, extensive medical records, and intricate medical procedures can prolong the trial. 

Number of Witnesses 

More witnesses add to the trial length. Each witness's testimony must be heard, cross-examined, and sometimes rebutted by additional witnesses. 

Court Availability 

Courts have busy schedules, sometimes resulting in delays. The availability of courtroom space, judges, and juries can impact the trial's timing. 

During the trial, both sides present their arguments, examine and cross-examine witnesses, and submit evidence. Once the trial concludes, the jury deliberates and delivers a verdict. 

Post-Trial and Appeals 

Even after a verdict, the process may not be over. Either party can file an appeal, adding months or even years to the case timeline. The appeals process involves reviewing the trial for legal errors and often includes written briefs and oral arguments. If an appeal is granted, the case may be sent back to the lower court for further proceedings, potentially prolonging the overall timeline significantly. 

Total Timeline

On average, a medical malpractice case can take anywhere from 18 months to three years to resolve. Cases involving severe injury, death, or multiple defendants may take longer. However, every case is unique, and some may resolve quicker through settlement. 

At The Law Office of Dan N. Fiorito III, my small practice allows me to provide personalized attention and swift communication, making sure your case progresses smoothly. Our proximity to Seattle courts and familiarity with Washington-specific procedures enable us to handle your case efficiently. Being a smaller firm allows me to focus more on individual cases, offering tailored strategies and quick responsiveness that larger firms may not. 

Contact Me Today for Legal Help 

Understanding the potential timeline for a medical malpractice case helps set realistic expectations. Remember, thoroughness is key to a successful outcome. While it may seem like a lengthy process, every step is needed for building a compelling case. My goal is to make sure you are informed and prepared at every stage, reducing any stress and uncertainty.  

At The Law Office of Dan N. Fiorito III, I am here to guide you every step of the way, providing top-notch personal injury representation with a personal touch. If you need further assistance or have questions about your specific situation, don’t hesitate to reach out and schedule your consultation with me today!