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5 Factors Influencing A Medical Malpractice Lawsuit Length

by Busines Newswire
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Experienced injuries due to medical malpractice? Are you considering a legal action? If so, you must look for top reasons that influence the medical malpractice lawsuit’s length. Such practices are completely unacceptable as these can cause serious injuries. Therefore, you must hire a medical malpractice attorney near me. These professionals can safeguard your rights and interests. However, certain factors influence the length of such cases. Read this article to know the top 5 factors influencing the length of a medical malpractice lawsuit. So, here we go!

Factors affecting the medical malpractice lawsuit length

1. Case complexity

Complex medical malpractice cases involves:

  • Several defendants
  • Complicated medical difficulties
  • Disputed facts typically take longer to settle

In certain circumstances, the litigation process may be prolonged by the need for in-depth expert testimony, a study of the medical records, and discovery procedures.

2. Extent of injuries and damage

The litigation length may depend on the severity of the plaintiff’s injuries. Determining the complete amount of damages and future medical demands frequently takes longer in cases involving catastrophic injuries or long-term disability. Delays in reaching a settlement or verdict may also arise from resolving disagreements over the damages estimate.

3. Availability of evidences

The accessibility and availability of expert witnesses and medical records impact the medical malpractice claim filing time. If you miss deadlines for expert witness testimony, it may lead to protracted litigation.

4. Legal complexities

Legal complexity may affect the length of the litigation. These include:

  • Jurisdictional conflicts
  • Disagreements over the statute of limitations
  • Pretrial motions

Before undergoing a trial, court proceedings pertaining to petitions for summary judgment and evidentiary hearings may add considerable time to the litigation process.

5. Settlement negotiation and mediation

Most medical malpractice cases are solved through alternative dispute resolution methods. These include meditation and settlement negotiations. The duration of the settlement negotiation impacts the total time it will take to reach a resolution outside the court. If the settlement discussion does not reach a conclusion and the case undergoes a trial, additional time is required for scheduling and preparation.

Wrapping up

These are the top 5 factors which may lengthen the process. If you have faced significant injuries, hire a lawyer now!