Filing a medical malpractice lawsuit in New York can be a lengthy process, and many victims want to know, ”How long does a medical malpractice lawsuit take?” The duration differs depending on a number of things, such as the complexity of the case, the severity of the injury, and the approach of the involved parties.
Let’s look at how long such lawsuits can take, the steps involved, and the issues that can influence the timeline.
How Long Does A Medical Malpractice Suit Take? First, Let’s Look at the Litigation Process
Before we get too involved with specific timeframes, it’s important to discuss the basic steps involved in a medical malpractice lawsuit. It often takes months, if not years, to finalize the process.
A case usually involves filing a claim, gathering evidence, engaging in discovery, potentially reaching a settlement, and possibly going to trial. The exact length of time will depend on each step of this process.
Pre-Litigation Steps: Investigating Your Case
The timeline for a medical malpractice case begins well before a formal lawsuit is filed. One of the earliest and most crucial stages is case evaluation.
A New York City medical malpractice lawyer will assess the circumstances of the incident, investigate the details, and determine if there is a viable claim. This process often involves consulting medical experts and reviewing medical records to evaluate whether the standard of care was breached. In some cases, obtaining additional opinions from medical professionals may be necessary to strengthen the case.
If the investigation reveals complex issues that require further examination, the pre-litigation phase may be extended. Thoroughly gathering evidence early on is essential to prevent delays later in the process.
During this period, trustworthy legal representation may explore alternative dispute resolution methods, such as arbitration, negotiation, or mediation, to achieve a faster resolution. While these methods can streamline the process, the complexity of medical malpractice cases often makes early settlements difficult to reach.
Filing the Lawsuit
Once the legal team decides to move forward with a lawsuit, the next step is filing a formal complaint in court. The statute of limitations for medical malpractice in New York is generally two and a half years from the date of the malpractice or from when the victim could reasonably have discovered it. For example, if the malpractice involves surgical error, the timeline starts from the date of the procedure or diagnosis.
In addition to filing the complaint, your attorney must also submit a certificate of merit. This document certifies that the attorney has reviewed the evidence and consulted with at least one licensed physician who agrees there is a reasonable basis for the claim.
Once filed, the defendant will have time to respond to the claim, often asking for dismissal or offering a rebuttal. This phase can add a few months to the process but doesn’t greatly extend it. During this time, your attorney will also work to finalize the complaint and prepare the case for discovery.
Discovery Phase: Gathering Evidence
The discovery phase is one of the longest parts of any medical malpractice lawsuit. In this phase, both sides exchange information that will be used in the trial, such as documents, medical records, and witness testimonies.
Experts may need to be deposed, meaning they will testify in a pre-trial setting about the case’s details. Both sides will likely spend several months reviewing each other’s evidence and preparing depositions.
For a complex medical malpractice lawsuit, the discovery phase could last over a year or longer. Expert testimonies, depositions, and medical consultations take time to process. Delays in scheduling can also extend the timeline.
With complex medical cases, such as cases involving multiple parties or rare conditions, the discovery phase may take longer because each piece of evidence requires more review. During this period, many cases reach a settlement, which may shorten the litigation process.
Settlement vs. Trial: The Turning Point
During or after the discovery phase of a medical malpractice lawsuit, most cases are either settled or proceed to trial. Choosing to settle can shorten the legal process by months or even years. While your New York City personal injury lawyer will work to ensure you receive fair compensation, both parties may agree to a settlement before the trial begins. Settlements are often the preferred outcome, as they are typically less expensive and time-consuming than going to court.
If a case does go to trial, the resolution process can take much longer. Trials may last several weeks or even months, especially when they involve multiple medical professionals, institutions, or complex medical evidence.
Going to Trial: How Long Can You Sue for Medical Malpractice?
When a medical malpractice case goes to trial, the process can be significantly prolonged. In New York, securing a trial date may take time due to court backlogs and case complexity. According to the New York State Unified Court System, trial dates are set based on court calendars, requiring attorneys to monitor updates, as notices are not sent by mail. These scheduling delays further extend the time needed for resolution.
Once a trial begins, it can last from a few days to several weeks, depending on the number of witnesses and the time required for each party to present evidence. After the trial concludes, the jury or judge issues a verdict, which can take weeks or even months.
Medical malpractice trials are often complex, particularly those involving hospital negligence, as they require a detailed examination of medical procedures. This complexity necessitates expert witness testimony, which can take time to coordinate and further contribute to trial delays.
Statute of Limitations and Time to File
In New York, medical malpractice lawsuits must generally be filed within two years and six months from the date of the alleged malpractice. However, exceptions exist under the state’s discovery rule, which allows for extended filing periods in specific situations. Under New York Civil Practice Law & Rules § 214-a, certain exceptions allow patients to file medical malpractice lawsuits beyond the standard statute of limitations. These exceptions include:
- Foreign Objects: If a surgical sponge, instrument, or other foreign object is left inside a patient’s body, the patient may file a lawsuit within one year of discovering the object or within one year of when it should have reasonably been discovered, whichever comes first.
- Failure to Diagnose Cancer: For cases involving a negligent failure to diagnose cancer or a malignant tumor, the patient may file a lawsuit within two years and six months from the later of:
- The date they knew or reasonably should have known about the alleged negligence and that it caused injury (with a maximum filing period of seven years from the date of negligence), or
- The date of the last treatment, if they were receiving continuous treatment for the same condition.
These provisions acknowledge that certain medical errors may not be immediately apparent, granting patients additional time to pursue legal action upon discovering the malpractice.
Post-Trial Process and Potential Appeals
After a judgment is rendered, either party may file an appeal, typically within 30 days if they disagree with the verdict. If the appeal succeeds, the case may be sent back to the original court for a new trial; if it fails, the original verdict is enforced.
Final resolution can sometimes take some time, highlighting the variability in medical malpractice lawsuit durations. The timeline depends on factors such as the complexity of legal arguments, court schedules, and the potential for further appeals. Additionally, settlement negotiations may continue even after a verdict, further delaying closure. While some cases reach resolution quickly through agreements, others extend for a significant period of time due to post-trial legal processes, additional hearings, or procedural delays.
What Impacts the Duration of a Case
The timeline for a medical malpractice suit in New York hinges on:
Complexity of the Case: The complexity of a medical malpractice case significantly influences its duration. Cases involving multiple healthcare professionals or intricate medical histories often require extensive analysis and expert evaluations, which can be time-consuming. According to a study published in Health Affairs, the average physician spends approximately 50.7 months – nearly 11% of a 40-year career, with an unresolved, open malpractice claim. This highlights how complex cases can prolong the resolution timeline.
Nature of the Injury: Severe injuries often require more time for a thorough evaluation and expert witness consultations. These cases may involve long-term treatment plans, rehabilitation efforts, or ongoing complications. They necessitate a thorough review and more expert involvement to determine the compensation.
Negotiation Skills: If both parties can come to an agreement quickly in settlement talks, the timeline can be shortened. The negotiations in simple cases can sometimes take several months, but complex cases may require much longer. Delays may occur if one party remains firm about the settlement offer or refuses to reach a compromise.
Court’s Schedule: In New York City, courts are often backed up and securing trial dates can be difficult. It is not uncommon for trials to be delayed due to other cases taking precedence. The court’s caseload can also increase the overall time it takes to process and reach a resolution.
Presence of Expert Witnesses: Whether expert opinions are needed, and their availability, also play a part in the lawsuit’s timing. Experts are necessary in establishing medical negligence.
Scheduling depositions, interviews, and testimony from these professionals can sometimes lead to delays. Also, expert availability can be limited, and conflicting testimonies may prolong the process even further .
These factors illustrate how multiple elements influence the timing of a lawsuit, including limited expert availability and conflicting testimonies that may further extend the process.
Trustworthy Legal Representation is Needed for Timely Medical Malpractice Claims
Mirza Law knows that filing a medical malpractice lawsuit is often a life-altering decision. We have guided many clients through the process, helping them understand their medical malpractice lawsuit and the steps required to reach a resolution.
Our skilled team of New York City medical malpractice lawyers is fully committed to getting the results you deserve. Although we can’t promise a quick settlement or resolution, our approach focuses on protecting your rights while minimizing unnecessary delays.
Medical malpractice cases are complex and can take time, but with the right attorney on your side, you can confidently pursue the best possible outcome.
Call us at 212-500-3274 or use our online form today to reach out and get started with a consultation.