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How Long Does It Take to Settle a Medical Malpractice Claim?

Stethoscope and pen on file

Having an ailment or illness that requires medical treatment can be nerve wracking. When you’re already in pain or feeling sick, you are vulnerable, and expect your doctors to treat you with the utmost care and attention to detail. Unfortunately, that’s not always the case. Sometimes doctors and other medical professionals who are responsible for your care make mistakes that cause you more harm.

When you’ve suffered from an injury at the hand of the healthcare worker who was supposed to provide you with expert care, you could use the help of a medical malpractice lawyer from Madia Law LLC. With the one of our attorneys on your side, you can feel confident in your claim and know that we are fighting to get you the justice you deserve.

So that you know what to expect in the legal process, let’s take a look at how long it could take to settle your med mal claim.

Settling a Medical Malpractice Claim

After your experience of medical malpractice that caused you harm, it can be difficult to decide to file a claim against the negligent worker. However, holding them accountable is the only way you can get justice and push to make sure this doesn’t happen to someone else. When you decide to file, you might wonder how long it’ll take to go through the legal process and reach a settlement. The problem is that there isn’t a set amount of time that it will take.

Even though you might want the ease of knowing how long the process will take, if your lawyer promises you a settlement within a specific amount of time, that’s a red flag. Your attorney knows that there is no real way to know how long your claim will take to settle—or if you’ll settle at all. A claim could take months or years to get through, and sometimes a settlement can’t be reached, and it goes to the trial in court.

Your lawyers will need to fully investigate what happened so that they can get an accurate idea of who was at fault and how much you’re owed. Documentation like your medical history, doctor’s and nurse’s notes, operation records, and medications will all be important information for your attorney to know. This way, they track exactly what happened to you and calculate what a fair settlement would be.

Experts will likely be consulted so that your attorneys can prove that what happened to you wasn’t regular practice. Expert testimonies are used to give a baseline of proof for the standard of care and how a doctor or medical professional would have handled the situation in normal circumstances. This then shows that what happened to you wasn’t standard and you have grounds for a medical malpractice claim.

Key Aspects of a Med Mal Case

There are a few key aspects that your lawyer will need to prove in order to have a successful medical malpractice claim. After the investigation, your attorney will work on these elements next. They are:

  • Proving a doctor-patient relationship existed.
  • The doctor or nurse was negligent and breached the medical standard of care.
  • An injury occurred from this breach, and it wasn’t the injury that you initially came to the hospital for.
  • Your injury that was caused by the doctor’s negligence has led to you suffering from damages, like medical bills or lost wages.

Proving negligence is essential to your claim, and these elements are all geared toward doing just that. These steps might seem like they’re obvious, but they are the foundation of your claim and are what will ensure that you get justice. Once negligence is proven, your attorney can more accurately calculate what you’re owed in damages.

In order to determine what you can recover in financial compensation, your lawyer will look at your medical bills, treatment costs, medication costs, and lost wages. They’ll also include any pain and suffering, loss of enjoyment of life, loss of consortium, or any other emotional trauma that you were caused by your injuries.

Our Lawyers Can Fight for You

Deciding to file a med mal claim can feel like a life-changing decision, but that’s why our lawyers are here for you. We’ll ensure that your claim goes as smoothly as possible for you so that you don’t have to worry about the stresses and complications of the legal process.

We won’t let you settle for less than you deserve, and we’re prepared to take your claim to court if necessary. With Madia Law LLC on your side, you can feel confident in your medical malpractice claim and be guided by our experienced attorneys every step of the way. Reach out to our office today so we can get started on your potential claim.