One of the main doubts that arise when claiming for medical malpractice is how long the procedure will take until a judgment is obtained. Giving a single answer is not easy since a multitude of factors influences the outcome. The first and perhaps most important is the type of procedure you underwent and the malpractice or personal injury lawyer that you used; whether experienced enough or not.
Administrative Procedure
An administrative procedure is initiated to claim for medical malpractice, the usual average time for its resolution will be two or three years as long as a prior compensation agreement is not reached.
Civil Proceeding
If a civil proceeding is initiated to claim for medical malpractice, the usual average time for its resolution ranges from around a year to a year and a half. As in the previous case, as long as an out-of-court agreement is not previously reached, in which case the resolution time may be much shorter.
Criminal Proceeding
If criminal proceedings are initiated to claim for medical malpractice, the usual average time for its resolution will be higher than the previous ones, standing at around three years or more.
The Complexity
A second determining factor will be the complexity of the case and the number of parties. That is to say, but not simply only two parties (plaintiff and defendant) involved. However, it would be a case in which fifteen health workers are sued or reported and there are a large number of experts and witnesses testifying. As a general rule, fewer parts translate into a more agile procedure that can be solved in less time.
The Judicial Body
A third factor, which is more random, depends on the judicial body in which hands the case falls. There are courts, which accumulate more delay than others, but the right to an ordinary judge predetermined by law means that one cannot choose the judicial body that will hear your case. Therefore, depending on the rules of matters established by the judiciary, a court that does not accumulate delays could correspond or, on the contrary, one that tries to finish things off quickly.
The Right Medical Professional
When it comes to getting a medical malpractice claim that settles successfully on your behalf, it is important to have a medical expert specializing in the branch of medicine in question who can prove to the court that the action was negligent. Today, it is easier to find medical professionals willing to defend the interests of patients.
Conclusion
These are some of the elements that influence the time it can take to process a medical malpractice proceeding. There are many other components, but most of them are of a random and unpredictable nature. The most important thing is to immediately seek the help of a qualified lawyer.