Curious about the timeframe for settling a medical malpractice lawsuit? In New York, it can vary from months to years depending on factors like case complexity and negotiation dynamics. Understanding the legal process and consulting experienced professionals like the Law Offices of Steve Newman can provide invaluable assistance in navigating this timeline effectively.
A medical malpractice lawsuit results from a doctor, nurse, anesthesiologist, surgeon, or other medical professional doing something careless and a patient suffering an injury or death.
Suppose you or a family member has suffered an injury or death and is a medical malpractice victim in New York. In that case, you may be considering filing a lawsuit and wondering how long it will take to resolve your case. The time it takes to settle a medical malpractice lawsuit in New York can vary widely, depending on several factors.
Medical malpractice lawsuits in New York must follow specific procedures and meet certain criteria. Below we will discuss factors influencing how long a medical malpractice lawsuit takes, the basic steps, and the statute of limitation in New York.
How Long Does a Medical Malpractice Lawsuit Take to Resolve in New York?
Unfortunately, a medical malpractice lawsuit in New York can take months or years. The timeline varies widely and depends on the unique circumstances of the case.
One of the most significant factors that can impact the length of a medical malpractice lawsuit is the case’s complexity. Gathering and reviewing the necessary evidence can take longer If the case involves many medical records or complex medical procedures. Additionally, if multiple defendants are involved in the case, it can take longer to coordinate depositions and negotiations.
Another factor that can impact the length of a medical malpractice lawsuit is the willingness of the parties to negotiate a settlement. If the defendant is willing to settle the case early on, it can result in a quicker resolution. However, if the defendant is unwilling to negotiate or the plaintiff’s demands are unrealistic, the case may go to trial, which can significantly extend the timeline.
An experienced New York medical malpractice attorney can give you a better idea of the timeline of your case.
Steps For Filing a Medical Malpractice Claim in New York
If you’re considering filing a medical malpractice claim in New York, you must understand some basic steps.
#1. Hire a Medical Malpractice Attorney
Begin by consulting a medical malpractice attorney near you who is experienced and skilled in dealing with this area of law. Medical malpractice cases can be complex and challenging, and an experienced attorney can help you navigate the process and protect your rights.
Your attorney will need to file a “certificate of merit,” which states they have reviewed the evidence and facts of the case and consulted with at least one licensed doctor to determine if there is a suitable amount of evidence to file a medical malpractice lawsuit.
#2. Obtain Medical Records and Expert Opinions
Your attorney will work with you to obtain all of your relevant medical records, including medical charts, test results, and other documentation that may be relevant to your case. They may also consult with medical experts to determine whether medical malpractice occurred and to provide an expert opinion on your case.
#3. File a Notice of Claim
In New York, before filing a medical malpractice lawsuit, you must file a notice of claim with the healthcare provider or facility you intend to sue. This notice must be filed within 90 days of the alleged malpractice and contain specific information, including the nature of the claim, the injuries sustained, and the damages sought.
#4. Commence the Lawsuit
After the notice of claim is filed, your attorney will commence a lawsuit on your behalf. Your attorney must file the lawsuit within two and a half years of the date of the alleged malpractice or within two and a half years of the date that the malpractice was discovered if it was not immediately apparent.
#5. Conduct Discovery
Once the lawsuit has been filed, both sides will begin the discovery process and exchange information and evidence relevant to the case. This may include depositions of witnesses and experts, requests for documents, and other forms of evidence gathering.
#6. Negotiate a Settlement or Go to Trial
After discovery, the parties may negotiate a settlement to resolve the case outside court. If the parties can’t settle, the case will go to trial, during which both sides will present their arguments and evidence to a jury or judge, who will determine the case outcome.
Filing a medical malpractice claim in New York can be complex and challenging. Still, with the help of an experienced attorney, you can navigate the process and pursue the compensation you deserve. Contact Steve Newman, a highly medical malpractice attorney today to discuss your options.
New York Medical Malpractice Statute of Limitations and Time to File
In New York, medical malpractice cases are subject to a statute of limitations, which limits how long a plaintiff has to file a lawsuit. In most cases, the statute of limitations for medical malpractice lawsuits in New York is two and a half years from the date of the alleged malpractice.
However, there are exceptions to this rule, and that’s when the discovery rule comes into play. The discovery rule allows patients to file a medical malpractice lawsuit after the standard statute of limitations has expired under certain circumstances. The period begins when the patient discovers they were injured by medical malpractice.
In New York, the only two situations that the discovery rule applies to are when a foreign object, such as a surgical sponge, is left in the patient’s body or there is a failure to diagnose cancer. The 30-month claims deadline starts at the later of the dates.
Assuming the case is filed within the statute of limitations, it can take several months to several years to resolve a medical malpractice lawsuit in New York. Therefore, consulting with a qualified attorney is essential to winning your case.
Speak with an Experienced New York Medical Malpractice Lawyer About Your Case
Attorney Steve Newman is licensed to practice law in state and federal courts in New York and New Jersey, with extensive experience in medical malpractice, personal injury, construction litigation, and more. With a vast network of board-certified physicians to analyze and determine whether medical malpractice has occurred in your case, Attorney Steve Newman will protect your rights and help get you the compensation you deserve.
Contact us today for a free consultation to determine if you have reasonable grounds to file a medical malpractice lawsuit.
