Q How long will it take to settle a medical malpractice case?
If you were the victim of medical malpractice, you want to know how long it will be before you can receive your settlement and put the ordeal behind you. Unlike other types of personal injury cases, such as car accident claims, it can be hard for a medical malpractice attorney—even an experienced one—to give you a firm answer on the timeline for resolving your case. However, there are some general guidelines that may help you gauge how long it could take.
Factors That Influence Medical Malpractice Claim Resolution
Medical malpractice cases tend to be more expensive and time consuming than other personal injury cases. It can take years for a case to be resolved through a settlement or at trial. Some of the factors that influence how a medical malpractice case is resolved include:
- Obvious malpractice. In some cases, the malpractice is obvious, and there's less dispute about liability. If an object was left inside a patient, or the wrong body part was operated on, these are clear errors which could lead to quicker settlements.
- Expert witnesses. In Idaho, you must have a medical professional as an expert in your case who's willing to testify before you can file your lawsuit. It can take time for your attorney to find a qualified expert.
- Complex legal or medical issues. Whenever the legal or medical issues are complicated or not widely recognized, the insurance company for the health care professional may be less likely to settle a claim or unwilling to do so for what it's worth.
- More liable parties. In these cases, there could be more than one medical professional who committed medical malpractice. As a result, the negligent parties could be arguing about who is more responsible for compensating the victim, making settlement negotiations impossible or lengthy.
- High cost of insurance. Medical malpractice insurance is costly and will most likely rise if a claim is paid. This could cause a doctor, another medical professional, or the insurance company to fight harder to deny a claim.
You need an experienced medical malpractice attorney who's not afraid to fight for the settlement you deserve and to take your case to trial if necessary. To learn how Alan Morton can help you, call our office or fill out the online form below to schedule your free consultation.