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How Long Do You Need to Resolve a Georgia Medical Malpractice Claim?


Most victims of medical malpractice experience severe financial issues related to their damages and losses. Medical bills and loss of income alone can put a considerable amount of strain on a victim’s budget.  Often, it may take two or more years before a medical malpractice claim reaches a conclusion.  The timetable typically depends on the amount of damages at stake, the egregiousness of the defendant’s medical error, and the complexity of the medical issues involved.

  1. The Amount of Damages at Stake

Simply put, defendants’ insurance companies are reluctant to pay a big damages claim.  Regardless of the strength of your case, if the injuries are catastrophic, extensive discovery, including depositions of experts, is typically required before the case is settled.  Indeed, a quick settlement is typically ill-advised in these cases, as that is an indication that the lawyer handling the case resolved it for less than its fair settlement value.

  1. The Egregiousness of the Defendant’s Medical Error

All medical malpractice cases require the plaintiff to prove three things: (1) the medical provider was negligent; (2) the plaintiff sustained damages; and (3) the negligence caused those damages.  If the provider’s negligence was clear or egregious, leaving only causation and damages to be litigated, that typically renders the case much easier to settle short of a jury trial.

  1. The Complexity of the Medical Issues

More complex cases generally take longer to resolve.  This is because they require more discovery—of both fact witnesses and experts—which usually takes a lot of time in medical cases.  The insurance companies who write the settlement checks usually need more time to understand the medical issues—and thus their risk and exposure—when the medical issues are complex.


Putting all of these factors together, one can see that a complex medical case with disputed liability and catastrophic damages can take two years or more to resolve.  Indeed, these are the types of cases that are typically tried to a jury verdict because they are prone to widely divergent opinions as to settlement value.  Conversely, a simple medical case with modest injuries resulting from a clear medical mistake can oftentimes be resolved relatively quickly.  You should be looking for a skilled and experienced Atlanta medical malpractice attorney who can evaluate these factors in your case and maximize your case’s value, whether it be via settlement or a jury verdict.  Contact Carroll Law Firm to estimate how long it will take to settle your claim. Call at 404-816-4555 for a case review.


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