How Long to Settle a South Carolina Medical Malpractice Case?
Having a medical malpractice case hanging over your head can make it uncomfortable to go into work every day and meet with patients. Many doctors and other medical providers would like the case to be resolved, one way or the other. However, medical malpractice cases typically take longer than other personal injury cases to reach a conclusion. These are typically more complicated legal claims, so achieving a settlement takes additional work. Expert witnesses are also a key component of any case, and an experienced lawyer needs time to find the right expert and develop their testimony. Contact Snyder Heitman injury Attorneys to discuss any malpractice case filed against you.
The Typical Med Mal Case Takes Up to Two Years to Settle
Whereas many car accident cases settle in a year, a medical malpractice case usually takes 18-24 months.
Some factors which impact the speed of settlement include:
- Type of malpractice. Some medical malpractice cases are more complicated than others. A case based on a failure to diagnose cancer could take longer because we won’t immediately know the consequences suffered by the patient. The same is true of a birth injury case, where it could take years for symptoms to manifest in a young child.
- Number of defendants. Some cases involve only one defendant (our client). Other cases could have a dozen different defendants, including specialists, nurses, and the hospital. A patient might take longer to settle a claim because they are trying to settle them all at once. With more defendants, there are more depositions and more time is needed for a case to work its way to resolution.
- Strength of the evidence. If the case is open and shut, then dragging out negotiations can border on bad faith. Many of our clients are individual doctors who are worried about their reputation and malpractice insurance rates. When evidence is weak, then it makes more sense to dig in and fight, possibly all the way to a jury trial. Conversely, if the evidence of an error is very strong, then a quick settlement might be the sensible option.
We realize that many doctors want to avoid settling, and in some cases our clients have a very strong defense. Our legal team is fully prepared to litigate to trial and convince a jury that our client followed the correct standard of care.
However, if you go to trial, then you might be waiting even longer. The court system in South Carolina is usually congested. It’s not unusual for a case to finally be heard in court several years after the alleged malpractice.
Call Our Office Today for a Consultation
Snyder Heitman can defend doctors, clinics, hospitals, and other medical providers in malpractice actions. We help defend those in Greenville, Spartanburg, and Upstate South Carolina.
Our firm has developed strong relationships with expert witnesses who can testify to whether a defendant followed the standard of care and if any error caused a patient’s injuries. To discuss a malpractice case filed against you, call our office. A Greenville medical malpractice defense lawyer can offer our preliminary opinion on the strength of the evidence.