Medical malpractice cases, on average, may take longer than general personal injury cases. They involve pre-suit requirements and expert testimony demands that aren’t automatically necessary for a basic negligence case. Accordingly, a Philly malpractice case can take anywhere from a year to three years or more, depending on the complexity.
Pre-Suit Investigation: Weeks to Months
The process begins with an investigation into your medical care. Your attorney will obtain your medical records, review them with a qualified expert, and identify whether the provider’s care fell below the accepted standard. This phase alone can take several weeks to several months, depending on how complex the medical issues are.
Pennsylvania imposes procedural requirements that add to this timeline. Under Pa.R.C.P. 1042.3, plaintiffs must file a certificate of merit before filing a lawsuit. This document confirms that a qualified medical expert has reviewed the case and found a reasonable probability that the defendant’s care fell below accepted medical standards. Preparing this certification requires obtaining and reviewing the complete medical records, identifying the right expert, and securing their written opinion, all of which takes time and must happen early in the case.
Filing and Pre-Trial Phases: Several Months to Over a Year
Once the lawsuit is filed, both sides enter discovery, the formal process of exchanging documents, taking depositions, and retaining expert witnesses. Discovery in a malpractice case is typically more extensive than in a standard personal injury case.
Both sides will depose the treating physicians, the defendant provider, and each other’s medical experts. Thousands of pages of medical records, internal protocols, and billing documents may be exchanged and analyzed. The defendants will scrutinize the plaintiff’s medical history for pre-existing conditions or alternative explanations for the injury.
Discovery in a malpractice case commonly takes anywhere from six months to over a year (sometimes longer in cases involving multiple defendants or particularly complex medical questions).
Settlement Negotiations
Settlement talks can take place at any point, from shortly after the lawsuit is filed through the trial. Meaningful settlement discussions tend to pick up after discovery closes and both sides have a clearer view of the evidence.
Some hospital malpractice cases in Philadelphia settle through mediation. Others settle through direct negotiations between the attorneys. Of course, some cases don’t settle at all, either because the parties are too far apart on value or because one side believes it has a strong enough case to take to a jury.
How Long Will a Pennsylvania Med Mal Trial Last?
Malpractice trials are typically longer than other personal injury trials. A straightforward case might take three to five days. Complex cases involving multiple defendants, competing expert opinions, and extensive medical testimony can stretch to two weeks or more.
Realistic Overall Timelines for Med Mal Claims in Pennsylvania
Most malpractice cases resolve somewhere between 18 months and three years from the date an attorney begins the initial investigation. Cases that go to trial or involve particularly complex medical issues can take longer. Cases with strong evidence and a motivated defendant may resolve more quickly.
An experienced Philadelphia birth injury attorney can give you a sense of how long your malpractice case will take during a free consultation. Contact Morris Wilson Knepp Jacquette, P.C. to schedule a free consultation to learn more.