Marciano & MacAvoy, P.C.

Wednesday, March 29, 2017

How Long Can A Medical Malpractice Trial Go On For?

Medical malpractice suits can go on for years, if you take into account the years of pre-trial, preparation and investigation into the accused doctor's records and service. It is rare that malpractice suits last only a few months because doctors are able to hire the best lawyers to defend them while patients may appeal rulings again and again. Only in clear cut cases of medical negligence are malpractice suits settled so quickly. Here are some other factors that can affect a malpractice trial.

Jurisdiction and Scheduling

Some court jurisdictions have heavy caseloads. Crime is a major problem and the courts are booked for months. In your case, you would be appearing in a civil court for a malpractice suit. Because of the amount of compensation, it does not fall under "small claims" so you would have to wait for an opening in the court's schedule to have your complaints and accusations heard in court. The severity of the complaint and the accusations may defer your case to criminal court as a felony, but usually a death has to be involved for it to go that far.

In other jurisdictions, your hearing may be scheduled as soon as two weeks after you file. This is because the court clerks only put hearings on the docket two weeks out at a time. If you cannot get on a docket in those two weeks, you have to make arrangements through your lawyer to contact the courts close to the end of the first week to get on the schedule two weeks after that.

Your Evidence and Other Patients

Your evidence of malpractice plays a part in the length of the trial too. If you have mountains of evidence, it may take days or months to present. Additionally, if other patients are named in the same case and have opted to participate in the lawsuit as a group rather than as individuals, their evidence must also be seen and heard. The more that needs to be presented, the longer the hearing goes, and the doctor can appeal the decision at any time, making the trial continue for months and years.

Speak With A Pennsylvania Personal Injury Attorney Today Concerning Your Medical Malpractice Lawsuit.

If you believe that you or a loved one experienced medical malpractice, you can contact the attorneys at Marciano Legal today.

We have an office in Philadelphia, PA where we help clients throughout the State of Pennsylvania to file lawsuits.

Call our office today to schedule a free consultation or visit us at our Philadelphia office located at:

Marciano & MacAvoy, P.C.

1515 Market St #1600
Philadelphia, PA 19102
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