How Long Does It Take to Fully Settle A Medical Malpractice Claim?

Published on Mar 11, 2021 at 8:10 pm in Medical Malpractice.

Stethoscope and pen

Typically, you see the doctor when you are at your most vulnerable—either you’re sick, have an injury, or need a surgery to get better. You trust your doctor to heal you and help you get back to feeling as normal as possible. However, sometimes doctors can do more harm than good, and as a result, they commit medical malpractice.

When a medical professional’s negligence leads to your injury, it can be frustrating because you’re stuck back at square one of your original injury or illness—or you’re worse off. You deserve to be compensated for the damages that a doctor causes you, and a lawyer can help you with that. A medical malpractice lawyer from Prince Law Firm can help you recover financially so that you can get back to recovering physically.

Length of a Med Mal Claim

Much like any other kind of personal injury claim, it’s impossible to give a one-size-fits-all answer about how long it takes to fully settle a medical malpractice claim. Med mal claims are often complex, and can take a long time to settle, especially if insurance companies or the opposing party refuses to settle for the amount that you deserve.

Depending on the specifics of your claim, and the other party’s willingness to compromise, your case could take weeks, months, or even years to settle. That can be a long time to wait for a settlement, especially when the injury you suffered left you out of work and without pay.

Medical bills, treatment costs, and everyday bills can stack up, and when you can’t earn wages to pay for those costs, you might feel like you have to settle for less than you deserve. With a medical malpractice lawyer on your side, you’ll be able to fight for fair compensation so that you can recover from all your losses and support yourself and your family again.

Elements of a Medical Malpractice Claim

In order to settle your medical malpractice claim, it’s important to understand the elements of your case that contribute to the complexity of your case, and that decide how long it could take to settle and whether or not your case will be successful. These elements relate to the negligence that occurred and the injury and damages you suffered as a result. Your lawyer will look at these elements to ensure that you get the justice you deserve:

  • Doctor-Patient Relationship. In order to have a successful med mal claim, your attorney must first establish that there was a doctor-patient relationship. This might seem obvious, but it is an essential part of your claim because it shows that there was a duty of care because your doctor agreed to provide you with care, and you agreed to be cared for by that doctor.
  • Negligence. Proving your doctor was negligent is what your entire med mal claim hinges on. Without their negligence, you likely don’t have a claim. In the medical field, negligence is defined as breaching the standard of care.
  • Injury. The next aspect is that you suffered an injury as a direct result of that breach of standard of care. This can be difficult in a medical malpractice case because you went to the hospital or that doctor because you were injured or ill in the first place. Your lawyer will need to investigate what happened and your documentation to prove that your injury was a direct result of the doctor’s negligence and not pre-existing.
  • Damages. Finally, your attorney will need to prove that injury your doctor caused through their negligence led to you suffering from damages. Some damages could be medical bills, further treatment, pain and suffering, or lost work and earning capacity.

Prince Law Firm Will Represent You

When you’re filing a medical malpractice claim, you likely want to know how long your case will take to settle because you have bills piling up and might be out of work. Even though you might be tempted to accept less than you deserve and settle quickly so that you can pay for your bills, that most likely isn’t in your best interests.

A medical malpractice lawyer from Prince Law Firm in Illinois will fight for your rights and ensure that you get the full and fair settlement that you deserve for your damages. We will make sure you feel confident in your claim and taking the time your case needs to reach the best possible settlement. Contact us today so that we can get started on your legal claim as soon as possible.



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