How Long Does a Medical Malpractice Case Take?

We trust our doctors and other medical providers with our health, well-being, and our very lives. When a doctor causes harm through carelessness, a medical mistake, or a wrongful action, they are liable for the damages to the victim. Although a successful medical malpractice case in Arizona doesn’t erase the harm caused to the injury victim, it does provide financial accountability and a sense of justice.

Proving medical malpractice requires clear concise evidence of the malpractice incident’s occurrence, the serious injury that resulted, and the victim’s economic and non-economic damages, all of which take significant time and effort. In some cases, medical providers and their malpractice insurance companies dispute these claims, requiring the injury victim to file a lawsuit and litigate the matter in court. So, how long does a medical malpractice case take to end in a settlement or jury award for damages?

Proving Liability for Medical Malpractice in Arizona

Before an injury victim’s attorney can make a compelling case for compensation through a medical malpractice claim, they must first prove the medical provider’s liability. This takes an in-depth investigation of the victim’s medical records, deposing witnesses, and consultations with medical experts. Proving liability also requires determining who is liable for the damages. The liable party could be the doctor, a member of the medical staff, or the medical facility. Proving liability in medical malpractice cases requires gathering evidence showing the following:

• A doctor/patient relationship existed at the time the incident occurred
• The medical provider had a duty of care to treat the patient at the standards accepted by the medical community
• They breached this duty of care through negligence
• Their negligent breach of duty caused injury to the patient
• The patient suffered economic and non-economic damages from the injury

Common medical malpractice cases arise from missed diagnoses, delayed diagnoses, misdiagnoses, or medication mistakes.

What Is the Timeline for Typical Malpractice Cases?

Many victims of medical malpractice ask, “How long will my medical malpractice case take?” The answer depends on the circumstances of the case and the complexity of proving liability and calculating the victim’s damages like medical expenses, lost wages, and compensation for pain and suffering.

After calculating the damages, a medical malpractice attorney presents a demand letter to the defendant’s malpractice insurance company and then begins meetings and mediation to reach a settlement agreement. The timeline on no two cases is the same, but the average medical malpractice claim ends with a settlement agreement within two to three years after the incident.

If the insurance company wrongfully denies the claim or doesn’t offer an acceptable settlement amount, the case proceeds to a lawsuit in court.

Will I Have to Go to Court For a Medical Malpractice Claim in Arizona?

Over 90% of medical malpractice claims are resolved through a settlement, but if a case goes to court for litigation it becomes a lengthier process. There is a two-year statute of limitations on medical malpractice claims in Arizona, requiring the injury victim (plaintiff) to file the lawsuit within two years of the date of the incident. Although litigating the matter in court requires more time, it often results in a larger amount of compensation through a jury award than the injury victim would recover in a settlement.

Your Phoenix medical malpractice attorney cannot guarantee a timeline for achieving your settlement or court award for damages but can keep you updated on the progress of your unique case through availability and open communication throughout the process.