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How Long do Maryland Medical Malpractice Cases Take to Resolve?

Posted on behalf of Peter T. Nicholl in Medical Malpractice Sep 21, 2022

medical malpractice written on paper with stethoscopeThere 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.

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 410-244-7005.

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 someone suffers an injury because of medical malpractice, contacting a Maryland medical malpractice lawyer 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.  

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.

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: 410-244-7005.

Contact our personal injury lawyers for a free consultation if you have been injured by another’s negligence. You may be entitled to compensation.

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