Although we expect that doctors and other such medical professionals will treat our illnesses and injuries properly, sometimes, doctors harm patients. Ways this can occur include (but are not limited to) the following:
- Prescribing the wrong medications
- Surgical errors
- Failure to diagnose or treat
If you’ve been harmed because a medical professional was unreasonably negligent in some capacity, you may have grounds to seek financial compensation by filing a medical malpractice claim or lawsuit. Strongly consider enlisting the help of an attorney when doing so. Because these types of cases are often very complex, hiring a medical malpractice lawyer may improve your chances of securing compensation for your medical bills and other such losses and damages.
As you pursue the compensation for which you may be eligible, it’s understandable that you might wonder how long it will take to resolve your case. There’s no universally applicable answer to this question. Various factors can influence the timeline of a medical malpractice claim or lawsuit. They include the following:
Whether expert testimony is needed
Again, cases involving patients being harmed as a result of medical negligence are often relatively complicated when compared to general personal injury cases. In order to demonstrate why a victim is eligible for compensation, a lawyer representing their client in a medical malpractice case might need to coordinate with experts who can provide testimony.
This will add to the length of the process. However, it’s important not to rush through any steps. If your lawyer believes expert testimony is necessary, trust that the time spent on this step will prove valuable if it boosts your odds of securing fair compensation.
Negotiations
The insurance of the negligent medical professional or facility that allowed you to be harmed is typically responsible for providing compensation in a medical malpractice case. Be aware, insurance companies aren’t generally inclined to offer victims the full amount of compensation they deserve. As is the case in all profit-centric businesses, insurers are motivated to avoid significant financial losses whenever possible.
The insurance company might initially respond to your claim by refusing to offer a settlement at all. If they do offer a settlement, their first offer might not represent proper compensation for your damages.
You may have to enter into negotiations with an insurance company to pursue the full amount of compensation for which you’re eligible. This is another reason to hire an attorney. They can handle negotiations on your behalf. Just be aware that negotiations may take some time.
Discovery
The discovery phase is typically a critical component of a medical malpractice case. During this stage of the process, your attorney will gather evidence from the other parties involved in the case. The amount of evidence they need to gather can influence the timeline.
All that said, it’s important to keep in mind that this is merely a general overview. Every case is unique. At the law office of Jed Kurzban, Esq., you’ll find a Honolulu medical malpractice attorney ready to discuss the specifics of your case in greater detail. Learn more about how we can help by contacting us online or calling us at 980-495-0046.