A stethoscope resting on a table.

How Long Does a Medical Malpractice Lawsuit Take? 


Trust between providers and their patients is a key aspect of our healthcare system. We look to medical professionals for expert advice and guide us through injuries, illnesses, and the day-to-day. However, when errors occur due to negligence, the consequences can be serious, leading to all kinds of physical, emotional, mental, and financial hardship for the patient. In these situations, pursuing legal action through a medical malpractice lawsuit may be necessary. Learn more about the aspects of medical malpractice claims and the expectations you can have for settling.  

How Long Do You Have to File a Medical Malpractice Suit? 

When it comes to personal injury claims, there are specific statutes of limitations that dictate your deadline for filing. This timeline can vary depending on the state, the type of case, the circumstances of the case, or even the severity of the accident.  

Many states have statutes of limitations with a timeframe that ranges from one to three years from the date of the incident or the date of discovery. In Kansas and Missouri, for example, plaintiffs have two years to file a wrongful death lawsuit from the date of the injury or the date of discovery. In addition, Kansas does not allow plaintiffs to wait more than four years to file. Learn more about medical malpractice and statutes of limitations here. 

These cases are usually highly complex, which is why it is advantageous to involve an attorney as soon as medical malpractice is discovered. This gives victims the best chance at getting a favorable result for their case.  

Do Hospitals Usually Settle Out of Court? 

Court cases can be time-consuming which is why settlement is usually preferred by parties if negotiations go well. Settling outside of court is beneficial because it can mean quicker resolutions, reduced legal costs, and less emotional and mental strain.  

Hospitals may also prefer to settle to avoid potential reputation damage and any other uncertainties associated with a trial. However, the decision to settle ultimately depends on the specifics of the case and whether both parties are able to come to a fair agreement.  

Medical Malpractice Lawsuit Timeline  

Medical malpractice lawsuit timelines follow a similar process to other personal injury cases although the exact details may vary.  

  1. The process starts when the injury occurs or is discovered, which prompts the victim to seek legal counsel.  
  1. Next steps involve gathering evidence from medical records to expert opinions to assess the case and its potential. 
  1. Legal proceedings are initiated by filing a complaint against the healthcare provider or institution.  
  1. Pre-trial proceedings such as discovery and other pre-trial activities take place to clarify legal arguments and gather evidence.  
  1. Negotiations begin between both sides to reach a settlement agreement.  
  1. If settlement is not reached, the claim is presented in court before a judge and/or jury to determine liability and damages.  
  1. Once a verdict is reached, either party can appeal it or other aspects of the case which may lead to more legal proceedings.  

DM Law Will Help You Get Your Life Back on Track 

A medical malpractice lawsuit can be demanding. Between recovering physically and emotionally from the impacts of negligence to negotiating or even taking a case to court, it’s overwhelming for anyone to experience. At DM Law, we understand the complexities of these cases and the stresses they bring. We’re committed to providing guidance and aggressive representation throughout the process for our clients. Our experienced attorneys will tirelessly advocate for their rights and well-being.  

If you or someone you know has been a victim of medical malpractice, don’t hesitate. Reach out to the team for expert legal assistance and compassionate support. We offer free consultations to discuss your case and options with you. Start your journey towards getting your life back on track today. 


Related Posts