How Long Does a Medical Malpractice Case Take?

Apr 9, 2021

Our Medical Malpractice Lawyers Explain Case Length Factors

Preventable medical errors are a leading cause of death in the United States. Depending on who you ask, medical errors kill an estimated 251,000 to 440,000 people in the U.S. each year. The famous British Medical Journal study puts the number of annual deaths at 251,000 while the Journal of Patient Safety estimates more than 400,000 patients die from medical errors each year. Patients affected by medical errors or their family members may be able to recover compensation for their damages by filing a medical malpractice lawsuit. Whether South Carolina law considers a medical error to be medical malpractice depends on the circumstances.

Our Rock Hill medical malpractice lawyers can answer questions you have about filing a lawsuit against a hospital or medical services provider. How long a medical malpractice case takes to resolve depends on the circumstances.

What Is Medical Malpractice?

Before we even begin discussing how long a medical malpractice lawsuit takes, it helps to know what medical malpractice is and is not. Medical malpractice occurs when a health professional provides medical services that are below the accepted standard of care for his or her profession. If a health provider’s negligent actions or inaction led to you or a family member suffering harm (damages), then you may be able to file a claim against the responsible medical provider.

Common reasons for filing a medical malpractice lawsuit include misdiagnosis, surgical mistakes, birth injuries, diagnostic errors, pharmacy mistakes and other types of medical errors.

The best way to determine whether you can file a medical malpractice lawsuit is to speak to a personal injury lawyer who has experience with medical malpractice cases.

How Long Will My Medical Malpractice Case Take?

How long your case takes depends on the circumstances. Medical malpractice cases generally involve a lot of evidence, and in many cases, the defendants have considerable financial and legal resources. However, this is also why you should be careful choosing a medical malpractice attorney.

Consider picking an attorney who has experience with medical malpractice cases and jury trials. Some defendants may refuse to settle and a jury trial may be necessary.

Your attorney can help you uncover and protect evidence that is important to your claim. Additionally, a medical malpractice attorney can negotiate your claim with the defendant’s insurance provider. Many medical malpractice cases settle out of court. If a settlement is impossible and it is necessary, an attorney can take your case to trial.

The entire process involved with filing motions and conducting discovery varies on a case by case basis. Some cases may resolve in a matter of years. What matters is that you receive the compensation you and your family need to recover.

What Does a Medical Malpractice Settlement or Jury Verdict Cover?

Medical errors can lead to serious damages, such as medical bills and lost income. For instance, if a medical error caused a significant brain injury, it may no longer be possible to work. A settlement or verdict may help cover:

  • Medical bills and rehabilitation expenses
  • Home modifications
  • Lost income and loss of future earnings
  • Pain and suffering (there is a cap on noneconomic damages for this type of case in South Carolina)

Many personal injury attorneys work with medical experts to help assess damages for their clients or to provide important depositions. Give yourself the best chance by picking an experienced attorney.

Contact Our Medical Malpractice Lawyers for a Free Consult

Questions about filing a medical malpractice lawsuit in South Carolina? Contact the Law Offices of F. Craig Wilkerson Jr. today to schedule a free consultation. You can schedule a free consultation by dialing (803) 324-7200 or by using the contact form on our site.