How Long Do Medical Negligence Claims Take?

Robyn Sztyndor

December 28, 2022

Medical Negligence

If you have ever been involved in a medical negligence claim, you’ll know it can be a stressful experience. This is because the process can take quite a long time. While the process is regulated by law, it can also be incredibly confusing. Understanding how it works before putting your money on the line is essential.

Legal process

You may have a right to compensation if you suffer from medical negligence. In the state of New York, several legal steps exist to initiate a claim.

The first step is to file a complaint in the appropriate court. This consists of a document describing the alleged malpractice. It also includes the amount of compensation sought.

The next step is to schedule depositions and engage in discovery. These processes are designed to obtain and disclose relevant information between the parties.

After all this is done, the court will consider how much money the plaintiff will receive. This process is known as the value of the claim.

Medical experts are often called in to provide testimony. These expert witnesses are there to give an opinion on the standard of care and the possible causation of the injuries.

A lawsuit for medical malpractice can last for years. If the case is unsuccessful, the judge will dismiss it.

The jury will decide whether the provider is liable or not. Each party has a chance to present their side. They may request a “Certificate of Merit,” a piece of paper with a state attorney’s endorsement of the evidence.

Another essential part of a medical malpractice claim is an independent medical examination. This is a standardized procedure supervised by a doctor. During this examination, medical records are reviewed to determine if the treatment was reasonable.

Compensation awarded

If you’re considering a medical negligence claim, it’s important to note that the process can take time. A lot of factors go into determining how much you’ll be rewarded for your pain and suffering. The good news is that you can make use of a trust to ensure that payments are paid to you throughout your lifetime. Despite this, if you’re considering filing a claim, it’s in your best interest to seek legal advice from a specialist solicitor.

For a successful medical negligence claim, you’ll need to make the right moves at the right time. You should seek legal advice from a qualified expert as soon as possible. Likewise, you’ll want to get your claim in front of the right judge as soon as you can.

One of the most important things to consider is how long you’ll have to wait before taking your case to court. For example, Michigan law requires you to wait six months before filing a lawsuit. This entails extra time spent prosecuting your case and the risk of your claim being thrown out of court. In addition, your claim may be statute barred. That said, a skilled lawyer will be able to guide you through the maze if you aren’t up to speed on your rights.

Alternative dispute resolution

ADR for medical negligence claims provides a viable alternative to the traditional litigation model. It can save the system money and increase patient safety. Yet, it is not without its challenges. Despite these, ADR is becoming more popular and gaining a foothold in discussing medical liability reform.

In addition to saving money, ADR can reduce the barriers to patients seeking compensation. Litigation costs are a huge factor in the healthcare system. The total litigation costs, direct and indirect, are estimated to be between $83 billion and $151 billion per year.

Mediation has been a success in the medical arena. It allows parties to present their cases in an environment where they can speak for themselves. This, in turn, helps reduce the number of defensive medicine practices.

Some states use mediation panels to pre-screen malpractice claims. These screening panels provide an early neutral evaluation of claims. They also encourage early settlements.

Depending on the jurisdiction, physicians and hospitals are generally represented by an insurer’s solicitor or claims manager. In addition, there may be a mediator or legal counsel.

Generally, the length of the mediation process is 1 to 3 days. At the end of the mediation, a mediator presents a written decision to the parties. Usually, the parties waive the right to appeal.