The timeline for a medical malpractice lawsuit can be difficult to determine, especially as very few cases actually go to trial in California. Here, a few things to consider when working with a medical malpractice attorney on a med mal case.
Factors that May Influence the Duration of a Case
When it comes to how long a med mal lawsuit lasts, it really depends on a number of things. For example, where was the paperwork filed? If it was filed in a busier jurisdiction, then you can expect to wait longer than you would in a less crowded one.
Second, how complex is the case? The severity of the injury, the type of treatment, and the number of doctors and witnesses can all affect the amount of time needed to proceed with the med mal case.
Third, what if your medical malpractice lawsuit does not go to trial? Most cases in California do not go to trial. In that case, the timeframe would be considerably less than it would for a lawsuit that proceeds to the courtroom.
Overall, a rule of thumb for medical malpractice cases that go to trial in San Diego County is 12-18 months, if it doesn’t settle. It could also be longer if you are filing an appeal.
Questions about filing a medical malpractice claim?
The Lawyer Referral and Information Service can refer you to a medical malpractice attorney who can provide up to 30 minutes of free consultation.