Blog
How Long do Maryland Medical Malpractice Cases Take to Resolve?
Posted on behalf of Peter T. Nicholl in Medical Malpractice Published on September 21, 2022 and updated on April 27, 2026.
There is no one-size-fits-all answer to this question, as every case is unique. However, medical malpractice cases often take a year or more to reach a resolution. Some estimates say these cases can take between 18 and 24 months to reach a resolution.
Medical malpractice cases often take a year or more to resolve, and many take 18 to 24 months or longer depending on the complexity of the claim. The timeline is influenced by factors such as investigation, expert review, negotiations, and whether the case proceeds to trial. Because these cases require detailed evidence and multiple legal steps, they typically take longer than other types of injury claims.
There are various reasons why these cases take so long to reach a resolution. Below, we discuss the complexities of medical malpractice cases and the steps involved in the legal process.
If you were the victim of medical malpractice and you have suffered an injury because of it, our firm may be able to help you. We offer medical malpractice victims a free consultation with no obligation to hire our firm afterward. There are also no upfront fees for our services.
Peter T. Nicholl Law Offices. We are here to help. Call 410-401-9979.
What are the Steps in a Medical Malpractice Claim?
There are many stages in a medical malpractice case, which is part of the reason they can take a long time to reach a resolution.
Hiring an Attorney
When a Baltimore resident suffers an injury because of medical malpractice, contacting a medical malpractice lawyer in Baltimore is an important step when considering your legal options. You should find an experienced attorney who can review your situation and determine if you may have a valid case.
The attorneys at our firm can also explain how we may be able to assist you throughout the legal process. Our services come at no upfront cost and the initial consultation is free.
It is a bad idea to assume you do not have a case or assume taking legal action is not worth it. You may need expensive medical treatment and without taking legal action you may be left paying for it out of your own pocket.
Investigating the Situation
If you hire our firm to represent you, we are prepared to launch a detailed investigation of your claim. This involves gathering relevant medical records, including records from before your injury and records related to the treatment/procedure during which medical malpractice occurred.
Our attorneys need to get a detailed understanding of your medical issues and the treatment you received.
Finding Medical Experts
Our attorneys will need to bring in at least one medical expert and potentially more than that to validate your claim.
In Maryland, medical malpractice victims must file a certificate of merit, which is a signed statement from a medical expert that your claim has merit. This means the expert thinks the doctor who provided treatment did not follow acceptable medical standards. He or she must explain his or her reasoning
The expert who signs the certificate must work in the same field as the medical provider who is at fault for your injuries. The expert needs to be familiar with the standards of care for the situation in which you were injured.
Negotiating for Compensation
Sometimes medical malpractice cases can be settled, and a lawsuit does not need to be filed. However, this is rare with medical malpractice cases, often, a lawsuit must be filed. Our attorneys are committed to pursuing full compensation and are always prepared to go to court if insurers do not offer fair compensation.
Filing a Lawsuit
You have three years from the date of malpractice occurring to file a medical malpractice lawsuit. The statute of limitations is three years and if you miss the filing the deadline, you will be prohibited from filing a lawsuit.
That is why it is important to meet with an attorney as soon as possible. You want your attorney to have as much time as possible to investigate and build a case.
Once a lawsuit has been filed there are several steps before getting to trial, including discovery. If the case proceeds to trial, it will likely be up to a jury to decide. That is unless the other side wants to settle so the case is not in the hands of a jury.
Factors That Impact the Duration of a Medical Malpractice Case
Regardless of the details of a case, it is likely going to take a long time because of all the steps involved in the legal process.
However, there are some factors that can affect the duration of a case. For example, how many defendants are involved in the case? The more defendants there are, the longer the case is likely to take to reach a resolution.
Other factors affecting the duration of a case include:
Type of Malpractice
Some types of malpractice can be easier to prove than others. For example, failing to diagnose a medical condition can be much more difficult to prove than malpractice during surgery. If a doctor left something inside your body during surgery, this can be relatively easy to prove.
If medical malpractice is more obvious, the at-fault party may be more likely to try to settle. They may not see the point of going through months of discovery and a trial.
Caseload in the Court System
If the court system is overloaded, it will take much longer to go to trial. However, if the court system is moving quickly, you should be able to go to trial more quickly. This is something you and your attorney do not have control of, which is why it is hard to predict how long it may take to resolve a medical malpractice case.
Types of At-Fault Parties
Generally, hospitals want to avoid bad publicity, so they may be more ready to settle. However, individual doctors may be prepared to fight the case all the way to the end.
Frequently Asked Questions About How Long It Takes to Settle a Medical Malpractice Case
How long does it take to settle a medical malpractice case?
The time to settle a medical malpractice case varies depending on the complexity of the claim, the severity of injuries, and whether liability is disputed. Cases often require detailed medical review, expert analysis, and documentation of damages before meaningful settlement discussions occur. The Law Offices of Peter T. Nicholl can evaluate factors that may affect the timeline.
Why do medical malpractice cases take longer than other claims?
Medical malpractice cases often take longer because they require expert review to establish the standard of care, how it was breached, and how the breach caused injury. These cases involve technical medical evidence, multiple providers, and complex damages. The legal process may also include additional procedural steps before settlement is possible.
What factors can delay a malpractice settlement?
Delays may occur due to ongoing medical treatment, disputed liability, difficulty obtaining records, expert review timelines, complex injuries, or disagreements over damages. A case may also take longer if the full extent of future care needs is not yet clear. Proper documentation is necessary before a claim can be accurately valued.
Can a case settle before all medical treatment is completed?
Yes, a case may settle before all treatment is completed, but doing so can affect how damages are evaluated. Settling early may limit the ability to claim future medical costs or long-term complications if they are not yet fully known. The Law Offices of Peter T. Nicholl can assess whether waiting may better support the claim.
Do more serious injuries increase the time to settle?
Yes, more serious injuries can increase the time to settle because they often require extended treatment, additional testing, and expert evaluation to understand long-term impact. Higher-value claims may also be more closely reviewed by insurers. Accurate documentation of ongoing limitations and future needs is important before settlement discussions advance.
Can a malpractice case settle without going to trial?
Yes, many malpractice cases settle without going to trial once the evidence clearly establishes negligence and damages. Settlement discussions may occur after medical records are reviewed, experts are consulted, and the claim is fully documented. The timing depends on how quickly the parties reach agreement on liability and compensation.
What role do experts play in the timeline of a malpractice case?
Experts play a central role in the timeline because they evaluate whether the provider met accepted medical standards and whether any failure caused injury. Their review can take time, especially in complex cases involving multiple providers or procedures. The Law Offices of Peter T. Nicholl can coordinate expert analysis to support the claim.
When should I contact a lawyer about a malpractice case timeline?
You should contact a lawyer as soon as you suspect negligent medical care caused injury or worsened your condition. Early involvement can help preserve records, identify providers, and begin expert review without unnecessary delay. The Law Offices of Peter T. Nicholl can evaluate how timing factors may affect your potential claim.
Contact Peter T. Nicholl Law Offices Today
Proving medical malpractice is a complex process that takes detailed evidence and a thorough understanding of state laws. The attorneys at our firm have obtained millions of dollars in compensation on behalf of medical malpractice victims.
At The Law Offices of Peter T. Nicholl, we are ready to help you during this difficult time. We have the resources and experience to build a robust case and pursue full compensation for your injuries and other damages.
Free consultation. Contact us today: 410-401-9979.
