How Long Does a Medical Malpractice Lawsuit Take in Pennsylvania?

A in Pennsylvania can take anywhere between 1-5 years to resolve, depending on the complexity of the case. After suffering serious injuries, this timeline can seem like an eternity. However, an experienced attorney at Munley Law will make you and your family their top priority.

Medical malpractice cases can get very complicated, very quickly. At Munley, we equip our clients with as much information about their claim as possible. After all, knowledge equals power. We are going to do a deep dive into the details of a claim, which will help explain the process you’re going through.

If you have more questions and want to speak with an experienced medical malpractice lawyer who can guide you through your claim, call the Munley law firm. Our attorneys have been successfully litigating medical malpractice claims since 1959. We deeply understand the trauma and stress you and your family are facing. That’s why we work around-the-clock to build a successful claim that will secure a settlement or in your favor. To our lawyers, success means fair compensation for your injuries and making the overwhelming claims process as smooth as possible.

If you believe you’ve experienced medical malpractice, don’t wait to take action. Contact Munley Law today for a free consultation. Our experienced medical malpractice attorneys will review your case and help you understand your legal options.

The Timeframe of a Medical Malpractice Lawsuit

The first thing we have to go over is Pennsylvania’s on medical malpractice claims. A statute of limitations prescribes a period of limitation for bringing a legal action. In Pennsylvania, you generally have two years from the date of medical to file a malpractice claim. Although this deadline is strict, it comes with some exceptions, including:

  • rule: The two-year time limit begins on the first day that the injured victim actually realizes that medical malpractice occurred or that a reasonable person under similar circumstances would have realized that medical malpractice occurred.
  • Minors: If the injured party is a minor, the two-year statute of limitations doesn’t begin until their 18th birthday.
  • Surgical errors: Cases involving foreign objects left inside a patient during surgery may also qualify for timeline extensions.
  • Fraudulent concealment: If the negligent healthcare provider lies to the patient by insisting they did nothing wrong and/or concealed relevant evidence, the injured patient may argue to extend the statute of limitations.

Before filing a lawsuit, Pennsylvania law requires your attorney to notify the healthcare provider of your intent to sue at least 60 days in advance. This notice period gives both an opportunity to exchange information and potentially resolve the issue before heading to court.

Another important timeline requirement involves the Certificate of Merit. Your attorney must file this document within 60 days of starting your lawsuit. Let’s take a closer look at what Pennsylvania’s Certificate of Merit is and why it’s important for medical malpractice cases.

Understanding Pennsylvania’s Certificate of Merit

The Certificate of Merit is signed by a medical expert and confirms that your case has merit, or is a valid case that requires legal intervention. The medical expert has to verify that the medical treatment you received fell below the acceptable and likely caused your injury. The requirement helps ensure that only valid medical malpractice claims move forward in the legal system.

The certificate confirms that a licensed physician has reviewed your medical records and believes there is a reasonable basis for your claim. This reviewing physician must practice in or teach the same medical specialty involved in your case. For example, a pediatrician would not be considered a medical expert on cardiothoracic surgical error.

stethoscope, doctor, nurse

Unlike some states, Pennsylvania’s certificate of merit rules require your attorney to be specific about the type of negligence involved. The certificate must indicate whether the claim involves direct negligence by your healthcare provider, vicarious liability for others’ actions, or both. This specificity helps define the scope of your case from the beginning.

Obtaining a certificate of merit takes time. Your legal team must first collect all relevant medical records, which can take weeks or months depending on healthcare providers’ responsiveness. The reviewing physician then needs time to examine these records thoroughly and form an opinion. Some cases require multiple certificates if different types of medical specialists were involved in your care.

Medical providers often challenge certificates of merit they believe are inadequate. These challenges can add months to your medical malpractice timeline as courts review the sufficiency of expert qualifications and opinions. Working with experienced medical malpractice attorneys helps ensure your certificate meets all legal requirements, avoiding unnecessary delays.

The Four Main Stages of Your Medical Malpractice Case

A medical malpractice suit in Pennsylvania moves through several distinct stages. The investigation phase typically takes three to six months, as your medical malpractice lawyers gather medical records, interviews witnesses, and consults with medical experts. During this time, your attorney will review your complete medical history and determine how the negligent care affected your health and caused harm.

The filing stage begins once your attorney has collected sufficient evidence. This includes preparing legal documents, serving notice to the healthcare providers, and filing the certificate of merit. Pennsylvania courts require specific documentation and adherence to local rules, which typically takes two to four months to complete properly.

The discovery phase often becomes the longest part of your case, lasting anywhere from six months to a year or more. During this time, both sides exchange information, take depositions, and continue building their cases. Your medical providers may need to testify, and expert witnesses will review your records to establish whether proper medical standards were followed.

Resolution can come through either settlement or trial. Many medical malpractice cases settle before reaching the courtroom, which can happen at any point during the process. However, if your case goes to trial, this final stage might take an additional six months to a year, depending on court schedules and case complexity.

The Role of Expert Witnesses in a Medical Negligence Claim

Expert witnesses play an essential part in most medical malpractice cases and can directly impacts how long your case takes. They will examine your records to determine whether your healthcare provider followed the accepted standard of care. They also establish how the provider’s actions led to your injuries. This review process can take several weeks or months, depending on the complexity of your medical history and the expert’s availability.

Pennsylvania law requires that expert witnesses spend a significant portion of their time in active clinical practice or teaching. For specialized cases, finding a qualified expert who meets these requirements might take additional time. Your attorney will often consult multiple experts, each focusing on different aspects of your care or injuries.

Settlement vs. Trial: How Your Choice Affects The Timeline

While many medical malpractice cases settle before trial, the path to resolution varies significantly between settlement and litigation. Medical malpractice settlement negotiations can begin once we have expert testimony supporting your case. This process might take several months as both sides exchange information and negotiate terms.

courtroom, benches, seats

A trial typically extends your case timeline by six months to a year or more. This includes time for additional preparation, court scheduling, and possible delays. However, trials sometimes become necessary when healthcare providers or companies refuse to offer a fair settlement.

The decision between settlement and trial depends on several factors:

  • The strength of expert testimony supporting your case
  • The amount of compensation offered during negotiations
  • The clarity of evidence showing medical negligence
  • The financial and emotional costs of prolonged litigation

Many cases settle during trial preparation as evidence becomes clearer and trial dates approach. Each path requires different time commitments, and your Munley Law attorney will help you understand the benefits and drawbacks of each option for your specific situation.

What Can Speed Up or Slow Down Your Medical Malpractice Claim

Several factors influence how quickly your medical malpractice suit moves forward. Medical providers and hospitals that promptly release records and cooperate with investigations help cases progress faster. Similarly, insurance companies that engage in good-faith settlement negotiations can reduce the overall timeline.

Complex medical cases involving multiple healthcare providers or complicated injuries naturally take longer to resolve. Your local court’s schedule and backlog also affect timing – some Pennsylvania counties move cases through their system more quickly than others.

Clear documentation and prompt communication with your legal team help maintain momentum. Missing medical records, difficulty locating witnesses, or delayed responses from any involved parties can add months to your timeline.

Financial Considerations During Your Medical Malpractice Claim

Medical malpractice cases involve significant investigation and expert testimony costs. Most Pennsylvania medical malpractice attorneys work on a contingency fee basis, meaning they only receive payment if they secure compensation for you. This arrangement allows patients to pursue valid claims without paying legal fees upfront.

Insurance companies often take time reviewing cases and may initially resist fair settlement offers. Your attorney will handle negotiations while keeping you informed of all settlement offers. Pennsylvania law permits you to recover various types of damages, including medical expenses, lost wages, and compensation for pain and suffering.

Getting Started With Your Injury Case

Time matters in medical malpractice cases. Early action helps preserve evidence and protect your legal rights. Begin by gathering all medical records, bills, and documentation related to your care. Keep detailed notes about your medical appointments, treatments, and how the negligent care has affected your daily life.

Documentation strengthens your position during the claims process. Save all medical bills, correspondence with healthcare providers, and records of missed work. Take photographs of visible injuries and keep a daily journal describing how the medical negligence affects your life.

Proven Results in Pennsylvania Medical Malpractice Cases

Our law firm has represented patients across Pennsylvania, from Philadelphia to Scranton, Wilkes-Barre to Pittsburgh, and throughout the state’s smaller communities. We understand the regional healthcare systems, local court requirements, and Pennsylvania-specific medical malpractice laws that affect your case.

Years of experience handling Pennsylvania medical malpractice cases have given our team deep insight into how to move cases efficiently through the legal system. We understand the local courts, know the expert witnesses, and maintain strong professional relationships that can help expedite your case.

Don’t let questions about timing keep you from exploring your legal options. Call Munley Law or fill out our online contact form for a free consultation. Our experienced Pennsylvania medical malpractice attorneys are ready to evaluate your case and help you understand your next steps.

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