Burke Devlin asked:
This particular case involves a bungled surgery.
How long does a malpractice suit typically take in the United States?
2 thoughts on “How long does a malpractice suit typically take in the United States?”
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Has to be filed within two years of the incident. Could take up to 4-5 years to resolve.
Depends on the severity of the damage and the egregiousness of the conduct. If the negligence was particularly absurd (e.g. they amputate the wrong arm), the trial will probably be fairly quick because no expert testimony is needed to prove negligence. If the negligence is highly technical (some particular cut was made incorrectly), it may take much longer.
The question isn’t how long the trial will take, it’s how long will it take for you to get your day in court. Civil trials have a low priority for courts (criminal trials bump you down) so it could take up to a year or two just to get into court to argue the matter.
Odds are that any lawsuit will result in a settlement by the doctor’s malpractice insurance. These cases could be settled in a matter of weeks.