How long does a medical malpractice lawsuit take?

A medical malpractice lawsuit in California typically takes at least one year to process. Depending on the complexity of the case, the statute of limitations to file the lawsuit, how the defendant responds to the complaint, and other factors, it can take much longer. The process begins when the plaintiff files a complaint in a court of law. The defendant must then respond to the complaint. If the defendant does not respond, the plaintiff can ask the court for a default judgment. If the defendant does respond, the process moves forward. The two sides may enter into an agreement where the defendant provides some form of compensation, or the two sides may engage in discovery and request documents related to the case. The plaintiff also has the opportunity to depose their witnesses and the defendant’s witnesses. After discovery is completed, the court may schedule a trial or the two sides can enter into mediation or arbitration. This can take several months or even years. Ultimately, if a settlement is not reached the case may go to trial where the parties present their evidence and the court makes a decision. It can take several months or longer for the court to make a decision and issue a judgment. In conclusion, a medical malpractice lawsuit in California can take at least one year to process, but it can take much longer depending on the complexity of the case and other factors.

Related FAQs

What do I need to consider when selecting a medical malpractice lawyer?
What type of damages are available in a medical malpractice claim?
What is the difference between a medical malpractice claim and a breach of contract claim?
What is the importance of having a written medical malpractice settlement agreement?
What evidence do I need in order to prove a medical malpractice claim?
How do I determine if the medical malpractice claim is covered by insurance?
What type of evidence can I use to support a medical malpractice claim?
What type of records are needed in a medical malpractice case?
What is the importance of documenting a medical malpractice claim?
What evidence must I present in order to prove causation in a medical malpractice claim?

Related Blog Posts

An Overview of Medical Malpractice Law - July 31, 2023
Requirements for a Medical Malpractice Case - August 7, 2023
Statute of Limitations for Medical Malpractice Lawsuits - August 14, 2023
Understanding Affidavits of Merit in Medical Malpractice Law - August 21, 2023
Preparing for a Medical Malpractice Jury Trial - August 28, 2023