How long does a typical medical negligence case take to get resolved?
Medical negligence cases will settle if they are strong cases on both the negligence and damages issues. However, medical negligence cases rarely, if ever, settle without first having to file a lawsuit, called a Complaint, which then starts the litigation process. Typically, depositions (taking sworn testimony from the parties and witnesses in the case) must be conducted, expert witnesses must be retained and have their depositions taken, and then the healthcare provider and defense counsel are able to evaluate whether they are likely to win or lose the case if it proceeds to trial. In Virginia, depending on the court you are in, the time from the initial filing of the lawsuit until the trial date typically ranges somewhere in the 12 to 18 month time frame. This is not an exact timeline because continuances can occur for a number of reasons, and some courts have higher caseloads which means that the trial date can occur later.
