How Long Do Medical Malpractice Cases Take?

Medical malpractice occurs when a healthcare provider’s negligence or error results in harm to a patient. From misdiagnoses to surgical mistakes, malpractice cases affect thousands each year. The National Practitioner Data Bank says that in 2024 alone, nearly $4 billion was paid out in malpractice settlements and verdicts in the U.S.

If you or a loved one has suffered due to a healthcare provider’s actions, you may be entitled to compensation for the damages experienced. But one common question we receive from clients is: How Long Do Medical Malpractice Cases Take?

The first step in a medical malpractice case is to contact an experienced attorney.

In Connecticut, malpractice cases require proof of specific legal elements, such as a provider’s duty of care and a breach that caused harm. Medical malpractice claims are complex, and if you live in Fairfield, having a qualified medical malpractice attorney is crucial. During the initial consultation, the attorney will review the facts, discuss potential outcomes, and determine if the case meets Connecticut’s criteria.

If there’s a case, the attorney will also obtain a certificate of good faith, a requirement under Connecticut law. This certificate is an affidavit from a qualified medical expert stating that the claim has merit, which must be filed with the complaint. Consulting an attorney early on helps ensure that your case is strong and legally sound before proceeding.

2. Filing a Complaint

Once the attorney has gathered sufficient evidence and a certificate of good faith, the next step is filing the complaint. This legal document formally begins the lawsuit and is filed with the Connecticut court, detailing the claims and damages sought.

In Connecticut, the statute of limitations for medical malpractice is two years from the date of the injury or when it was discovered (or should have been discovered). Missing this deadline can result in the case being dismissed, so timely filing is crucial.

Once filed, the defendant (usually a healthcare provider or hospital) is formally served with the complaint and given time to respond. This initiates the legal process and sets the foundation for further proceedings in the case.

3. Discovery

The discovery phase is one of the lengthiest stages in a medical malpractice case. During discovery, both parties gather information and evidence to support their arguments.

This includes interrogatories (written questions), depositions (sworn, out-of-court testimonies), and requests for medical records. Experts from both sides are often consulted, and they may be deposed as well. The discovery phase is crucial for building a strong case, as it reveals the full scope of evidence from both sides. This step can take several months or even years, depending on the case’s complexity. Discovery helps clarify the strengths and weaknesses of the arguments, laying the groundwork for the next phase.

4. Negotiations and Settlement Discussions

After discovery, many cases proceed to negotiations and settlement discussions. Connecticut courts often encourage settlements to avoid lengthy trials.

Here, both parties—plaintiff and defendant—attempt to reach a fair agreement on compensation. Settlements can cover medical costs, lost wages, and pain and suffering, but the amount depends on the case specifics. A skilled attorney will advocate for fair compensation, considering the impact on the client’s life. If both parties agree, a settlement avoids the need for trial, resolving the case sooner.

However, if no agreement is reached, the case moves toward trial. Settlement discussions are pivotal, as many cases are resolved at this stage without going to court.

5. Trial