How long does a medical malpractice lawsuit take?

In North Carolina, filing a medical malpractice lawsuit can be a lengthy process and may take several years from start to finish. The first step is to file a complaint in court. This is a legal document that must accurately describe the details of the malpractice, the damages suffered, and any applicable legal theories. Once the complaint is filed, the case is assigned to a judge who may then set deadlines and issue orders for the parties involved to follow. During this time, the parties may choose to engage in back-and-forth negotiations or dispute the merits of the case. If no settlement is reached, the case may go to trial and that stage of the lawsuit could take anywhere from two to three years or more. Upon completion of the trial, the judge will issue a ruling on the case and this will become the final decision. In some cases, the court may order mediation or arbitration as part of the process. Mediation and arbitration are usually quicker than a trial, however, both parties will need to agree to it. In addition, the decision made by the mediator or arbitrator will not be legally binding unless both parties accept the decision. Overall, the length of time required for a medical malpractice lawsuit in North Carolina varies greatly depending on the specific circumstances and facts of the case. It is important to consult an experienced attorney who can advise you on the best course of action and help you navigate the legal process.

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