How Long Do Medical Malpractice Cases Take?
Medical malpractice cases are often complex and time-consuming, requiring thorough investigation, expert testimonies, and extensive legal proceedings. For those who have suffered due to Florida medical malpractice law violations, understanding the expected timeline can help set realistic expectations. At Shapiro Law Group, our legal team has over 30 years of experience handling these claims, guiding clients through the legal process with precision and dedication.
The Initial Investigation and Filing of the Lawsuit
The first step in a Florida medical misdiagnosis or malpractice case is the initial investigation. This includes gathering medical records, consulting medical professionals, and determining whether the healthcare provider’s negligence caused the injury. Florida law requires plaintiffs to obtain an affidavit from a qualified medical professional confirming that malpractice occurred before filing a lawsuit.
Once the investigation is complete, the lawsuit is formally filed. This process can take several months, depending on the availability of medical records and expert evaluations. After filing, the defendant, usually a hospital or physician, has a set response period, typically 20 days in Florida.
For a comprehensive overview of our medical malpractice cases, visit our medical malpractice practice areas to learn more.
The Discovery Phase and Settlement Negotiations
After the lawsuit is filed, the discovery phase begins. This stage involves collecting depositions, reviewing evidence, and exchanging information between parties. Depending on the case’s complexity, the discovery process can last anywhere from six months to a year or more.
Many Florida malpractice attorneys work to resolve cases through settlements before reaching trial. Settlement negotiations may occur throughout the discovery phase, and if both sides agree on a resolution, the case can conclude much faster than a full trial. However, if the opposing party refuses a fair settlement, the case proceeds to trial, extending the timeline significantly.
For more information on how we handle medical malpractice cases, visit our medical malpractice practice areas.
Mediation and Pre-Trial Proceedings
Florida courts often require mediation before going to trial. Mediation allows both sides to present their arguments before a neutral mediator facilitates negotiations. If mediation leads to a fair resolution, the case ends without trial. However, if an agreement is not reached, pre-trial motions and hearings begin.
Pre-trial proceedings involve legal motions filed by both parties. These may include motions to dismiss the case or exclude specific evidence. These hearings can add weeks or months to the timeline. Clients seeking legal representation in Florida malpractice lawyer cases should be prepared for these delays.
Trial and Possible Appeals
If a case proceeds to trial, it can last several days or weeks, depending on the number of witnesses, medical testimonies, and legal arguments presented. A verdict is reached, but even after a ruling, either party may file an appeal, prolonging the process by several months or years.
Cases involving Florida childbirth errors or severe injuries such as quadriplegia may require additional legal proceedings, mainly if damages are substantial. Appeals often arise when the defendant disputes the verdict or the awarded compensation.
For those in need of legal assistance, the Shapiro Law Group’s About Us page provides more details on the firm’s experience and commitment to helping medical malpractice victims.
Factors That Affect the Case Duration
Several factors influence how long a Florida medical malpractice attorney case will take, including:
- Case complexity: Cases involving surgical errors, misdiagnoses, or birth injuries require extensive expert analysis.
- Availability of evidence: Delays in obtaining medical records and expert testimonies can extend the process.
- Willingness to settle: The case may conclude faster if the defendant is open to settlement.
- Court backlog: Some Florida courts have heavy caseloads, delaying trial dates.
Since every case is unique, timelines can vary significantly. Patients suffering from Florida birth injury or other forms of malpractice should consult an attorney early to understand their specific situation.
Get Legal Support for Your Medical Malpractice Claim
If you or a loved one has suffered from Florida physician malpractice errors, seeking legal assistance as soon as possible is crucial. Medical malpractice cases in Florida are subject to strict statutes of limitations, meaning delays in filing can jeopardize your ability to recover compensation.
At Shapiro Law Group, our firm is dedicated to helping victims of medical negligence receive the justice they deserve. With over 30 years of experience in Florida malpractice errors, we understand the complexities of these cases and work diligently to hold negligent medical professionals accountable. Contact us today to discuss your case.
