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.
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