When you are involved in a medical malpractice lawsuit, you may wonder how long it will take for the case to get resolved. While every case is different, remember that Ohio and its courts must allow both parties to have the opportunity to state their side.
Also know our lawyers cannot make any promises as you review this information. You may ask how long it takes to resolve the case, but many factors exist that you should consider.
How Long Do I Have to File a Medical Malpractice Lawsuit?
Your attorney can look at all the aspects of the case while investigating your claims. Items such as the contributory fault doctrine imposed by Ohio Revised Code Section 2315.33 must be considered. Additionally, your attorney should review all the damages available to you, including Ohio’s non-economic damages cap imposed by Ohio Revised Code Section 2315.8.
Determining Fault in Your Medical Malpractice Case
Because it can take some time to determine fault in a medical malpractice case, you should bring your case forward as soon as possible. Remember, your lawyer may look at a range of medical professionals, including:
- Medical assistants
- Medical technicians
- Hospital administrators
As the case unfolds, more evidence may come to light that pushes back the moment you can file a lawsuit. Remember that you should share all the information you have with your lawyer, as withholding evidence will delay the claim.
Investigating Possibly Negligent Medical Facilities
It can be challenging for lawyers to investigate large medical facilities. Yes, these facilities keep records and have many people we can speak with, but an investigation can take some time.
Additionally, you must have time to recover your own medical records. These requests can be quite tedious, and you need those records if you plan to visit another medical professional during your recovery.
Negotiating a Settlement After Suffering Medical Malpractice
Once your lawyer files a lawsuit, they can begin negotiating a settlement. However, there is no way to predict:
- How long each meeting will last
- How many meetings are required
- If the defense wants to settle at all
Moreover, negotiations may be spread over several weeks, including court hearings where a judge may order the two sides to agree.
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Going to Trial to Secure Damages in a Medical Malpractice Case
Once we help you go to trial—when necessary—we are at the mercy of the court, its schedule, and the nature of the proceedings. You might wait several months or more for a court date. Your court dates may be spread out due to clogged dockets, and you may spend several days in court during a trial.
In all of this, remember that a trial does not move at your pace. Clients are advised to be patient, focus on their recovery, and reach out to our lawyers with any questions. It is easier to move forward when you start the legal process as soon as possible.
Consider Retaining a Personal Injury Lawyer to Take on Your Case
You should consult with our legal team as soon as possible to avoid any delays in the case.
Consult With a Legal Professional from The Fitch Law Firm LLC Today
Our team is ready to hear about your circumstances and provide you with options. Our staff is ready at all times to speak with you.
Call The Fitch Law Firm LLC at (614) 545-3930 for a free, no-obligation consultation. We can also help if you lost a loved one due to wrongful death. We cannot know how long your medical malpractice case will take to resolve until we can analyze the details.
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