How Long Does a Medical Malpractice Lawsuit Take?

It is very difficult for an attorney to provide an exact amount of time that it will take a medical malpractice case to settle or proceed to trial. Medical malpractice cases are extremely fact-sensitive and ultimately depend on the unique circumstances of each case. 

Generally speaking, however, medical malpractice cases are time-consuming and labor intensive. When an injured patient believes that he or she has grounds for a medical malpractice case, an attorney will be contacted who will then begin a period of information and evidence-gathering. In doing so, the attorney might also need to consult with one or more medical experts to determine whether the injured patient’s case meets the necessary requirements for a successful medical malpractice lawsuit. If so, the attorney will procure an “affidavit of merit” from a medical expert, typically in the same field as the allegedly negligent medical provider, and file a lawsuit. This pre-suit process, in and of itself, can take months. 

After the case has been filed, using a written complaint, the medical malpractice lawsuit enters the discovery phase. In New Jersey, medical malpractice lawsuits are provided, at a minimum, 450 days of discovery. Discovery is an important phase in a medical malpractice lawsuit because it allows the parties to obtain information from the other party that relates to the claims in the case through interrogatories, document requests, and depositions. The number of documents exchanged, and witnesses that are deposed, significantly impacts the time it for discovery to conclude. In addition, there may be several motions filed and hearings conducted if the parties’ fail to engage in discovery adequately, which will further affect the timeline of a medical malpractice lawsuit. 

During discovery, and absent any dispositive pre-trial motions, some cases may settle. If the parties cannot reach an agreement, then the case be scheduled for trial. During a trial, parties will present evidence, call witnesses and experts, cross-examine the adversary’s witnesses, and present arguments, after which the jury will return a verdict. 

Given our decades of experience in handling medical malpractice cases in New Jersey, we know that they are a lengthy process. In fact, a 2006 study by the New England Journal of Medicine found that the average time for a medical malpractice suit took five years, from the date of the injury to the final disposition of the case. Please do not hesitate to contact our firm at (973) 228-9898 for a free consultation. We can thoroughly evaluate the unique circumstances of each unique matter, answer any questions, and discuss important next steps. 

The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact an attorney to obtain advice with respect to any legal matter.  No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.

It is impossible to give a one-size-fits-all answer about how long it takes to settle a medical malpractice claim. Before an injured patient even gets in front of a judge, a strict process must be followed and both sides must have the opportunity to do a thorough investigation. This process, combined with the unique factors involved in each case such as the specific of an injured patient’s claim and the adversary’s willingness to compromise, means that a medical malpractice case can take as few as six months, or it can last years. 

A 2011 study by the New England Journal of Medicine found that, during a period from 1991 to 2005, 7.4% of all physicians had a malpractice claim, with 1.6% having a claim leading to a payment. In other words, 78% of all claims did not result in payments to injured patients. Note, however, the study only used data from a single medical malpractice insurer which, although was one of the largest in the country and covered physicians in every state, may not be nationally representative.  

Moreover, most medical malpractice cases are resolved before trial. In one study by the United States Bureau of Justice Statistics, only about 7% of medical malpractices cases end in a trial where a jury determines a verdict. That means 93% of these types of claims are resolved before trial, either by way of a dispositive pre-trial motion or settlement. 

Again, the time it takes to resolve a medical malpractice claim depends on the complexity and strength of the case, as well as the bandwidth of the court of jurisdiction. Even if the parties reach a settlement agreement, it still often requires both sides file motions and engage in a potentially lengthy discovery process. 

A medical malpractice attorney is essential to navigating the inherent difficulties in involving these complex claims. Many attorneys are quick to agree to settlement offers that may not be in the best interest of their clients. Our firm works closely with our clients to ensure that they receive the financial compensation they deserve. Unlike most other New Jersey law firms, we are always willing to go to trial to achieve justice for our clients.  

The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact an attorney to obtain advice with respect to any legal matter.  No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.

Professional malpractice occurs when a professional, such as a doctor, nurse, lawyer, accountant, or financial advisor, deviates from the accepted standard of care for their respective profession and, as a result, causes personal or financial injuries.  

Malpractice claims in New Jersey, specifically medical malpractice and legal malpractice, are some of the most difficult personal injury claims to litigate.  If, and when, a settlement is reached depends on many factors such as the complexity and strength of the claimant’s case, the adversary’s willingness to compromise, and the bandwidth and congestion of the court system in New Jersey. 

While there’s no way to know exactly how long it will take to settle a malpractice case, understanding the process can give a claimant an idea of to expect. Due to the complexity of malpractice cases, it is imperative to work with an experienced law firm. A skilled and qualified malpractice attorney will be able to answer a claimant’s legal questions, including the likelihood of a settlement and the timeline of each unique case. 

Our firm has a fifteen-year history of successfully pursuing malpractice cases for our clients. Our long list of successes includes many substantial verdicts in a wide variety of malpractice matters including medical, legal, actuarial, and accounting malpractice cases. Please contact our firm at (973) 228-9898 for a free consultation to discuss the potential merits of any malpractice claim.

The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact an attorney to obtain advice with respect to any legal matter.  No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.

A medical malpractice case begins with an event in which an injured patient believes that they were harmed by a medical professional due to a deviation from a standard of care. A medical malpractice lawsuit in New Jersey can be a lengthy process, but the following stages are the most crucial: consulting with an experienced medical malpractice attorney, obtaining expert medical opinions and certifications, discovery, and settlement or trial. 

The first step in any case, including a medical malpractice case, is to consult with an attorney. Oftentimes, an injured patient is not sure whether they have a valid case, which is why it is essential to talk to a New Jersey attorney with experience in the medical malpractice field. To determine whether you have a valid medical malpractice claim, a medical malpractice attorney will investigate all the relevant medical records from doctors, hospitals, or any other healthcare providers. This process involves reviewing your medical records, information regarding your medical history, and particular facts about your treatment. 

If the attorney determines that you have a valid claim, the attorney will reach out to a medical expert, typically a physician within the field applicable to the case, to draft what is called an “affidavit of merit.” This document is essentially a written letter from a neutral expert asserting that the negligent physician or medical professional’s performance fell below the standards of the profession. After the affidavit of merit is obtained, the attorney will file a written complaint, which initiates the lawsuit.

The next phase of a medical malpractice lawsuit is called “discovery,” the formal legal process attorneys use to collect relevant information about a case. During discovery, the parties will exchange interrogatories, document requests, and requests for admissions. The parties will also obtain experts. Next, the parties, witnesses, and experts will undergo depositions, which are recorded question and answer sessions that are given under oath. 

During discovery, parties often file pre-trial motions. One or both of the parties involved will attempt to use a procedural device, known as a motion for summary judgment, to dismiss certain issues from the case. In other words, a motion for summary judgment is a method to decide an issue or the whole case, without the need for a trial. If the case is not dismissed, the discovery process continues and the case is eventually scheduled for trial.

As the discovery period goes on, the parties will often attempt negotiate a settlement.  An injured patient and the attorney will discuss the advantages and disadvantages of a settlement as compared to proceeding to trial. Ultimately, however, the injured patient decides whether to accept the terms of a settlement or proceed to trial. If no settlement is reached, a trial is conducted before the trier of fact, either a jury or a judge. The trier of fact will decide whether medical malpractice occurred and, if so, what damages the injured patient is entitled to. 

Even after a verdict is rendered, in some circumstances, the case is not over. Parties are often able to file an appeal. The judges overseeing the appeal do not hear testimony or new evidence. They review the record and the facts of the case, and decide whether there were any problems with any aspect of the trial judge’s decision(s). If so, the case may be returned to the trial judge for a retrial. If the judges do not find any errors, the trial judge’s decision is affirmed, and the case is over. 

The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact an attorney to obtain advice with respect to any legal matter.  No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.