When you or a loved one suffers due to medical malpractice, navigating the aftermath can be incredibly daunting.
A pressing question many victims have is, how long does a medical malpractice lawsuit take?
The duration of a medical malpractice lawsuit depends heavily on the specific circumstances of each case, including the complexity of the medical issues involved, the amount of evidence to gather, and the willingness of parties to settle.
Generally, these lawsuits can take anywhere from several months to multiple years to resolve.
This article provides a comprehensive overview of the process, helping you understand what to expect at each stage of a medical malpractice lawsuit in New Mexico.
If you have questions or would like to speak to a New Mexico medical malpractice lawyer in Las Cruces, please contact us today.
Understanding Medical Malpractice Lawsuits in New Mexico
Medical malpractice occurs when a healthcare professional deviates from the standard of care in treating a patient and causes that patient harm.
In New Mexico, as in other states, proving that medical malpractice occurred requires demonstrating that the healthcare provider’s actions, or lack thereof, directly caused injury or worsened an existing condition.
Examples of medical malpractice can include misdiagnosis, surgical errors, improper treatment, and failure to inform the patient about the risks of a procedure.
For anyone suspecting malpractice, the first step is to consult a knowledgeable Las Cruces medical malpractice attorney who can evaluate your case based on detailed medical evidence and expert testimony.
Initial Steps and Pre-Litigation Process
A medical malpractice lawsuit begins long before stepping into a courtroom. Initially, your attorney will require a thorough collection of all relevant medical records and may consult medical experts to substantiate the negligence claim.
This phase is critical as it lays the groundwork for the entire case. Following this, there is often a period of pre-litigation negotiations, where your attorney will try to reach a settlement with the defendant’s insurance company to avoid going to trial.
Mandatory Medical Review Panel Process in New Mexico
In New Mexico, medical malpractice claims must undergo a unique preliminary step before proceeding to court.
All claims against healthcare providers covered under the New Mexico Professional Liability Act must first be reviewed by a medical review commission.
This commission, composed of healthcare professionals and attorneys, evaluates the claim to determine the presence of negligence.
The process begins when the plaintiff files a claim with the commission, which conducts a thorough review. This step is crucial as it filters out unfounded claims and streamlines the litigation process.
Importantly, the findings of this review panel are not binding, meaning that regardless of the outcome, the plaintiff retains the right to pursue the lawsuit in court.
However, the panel’s opinion can significantly influence the subsequent legal proceedings, including potential settlement discussions.
Filing the Lawsuit: Key Phases
Once you decide to proceed with litigation, your attorney will file a formal complaint against the healthcare provider or institution allegedly responsible for malpractice.
This document outlines the details of your claim and the compensation you seek. The defendant then has a specific timeframe to respond to the allegations. They can admit fault, deny the allegations, or file a counterclaim.
This phase also marks the beginning of the discovery process, where both parties exchange information and evidence pertinent to the case.
Discovery can be time-consuming, involving interviews, depositions, and the collection of further documentary evidence.
The duration of this phase greatly depends on the complexity of the medical issues and the amount of evidence to be analyzed.
The Role of Court Proceedings
Court proceedings in a medical malpractice lawsuit can significantly extend the timeline. Once discovery concludes, either party may file pre-trial motions. If the case remains unresolved, it moves to setting a trial date.
The trial involves presenting evidence and expert testimony to a judge or jury, who will determine liability and, if applicable, the amount of damages awarded.
Unexpected challenges such as scheduling conflicts, court backlogs, and procedural delays can extend the average length of a medical malpractice case.
In New Mexico, as with many jurisdictions, these factors can make the duration of court proceedings unpredictable but generally extend the process by months or even years.
How Long Does It Take to Settle a Medical Malpractice Lawsuit?
The time frame for settling a claim in litigation also varies from case to case. If you’re in litigation, it usually means the defendant’s insurance company is not too eager to settle.
Settlement discussions can take place at any point during the litigation process. These discussions are vital as they allow both parties to resolve the case without proceeding to trial, saving time, costs, and emotional stress.
Mediation, facilitated by a neutral third party, is often employed to help reach an agreement. This approach can be particularly effective in medical malpractice cases, where the details are complex, and the stakes are high.
Settlements reached through mediation can significantly shorten the timeline of a lawsuit, resolving matters in months instead of years.
It’s important to note that the timeframe largely depends on the willingness of both parties to compromise and the clarity of the evidence presented.
Trial and Verdict
The case will proceed to trial if settlement discussions do not result in an agreement. A trial in a medical malpractice lawsuit typically involves detailed testimony from medical experts and witnesses and the presentation of extensive medical evidence.
Depending on the complexity of the case and the amount of evidence, the trial phase can last from a few days to several weeks.
Following the trial, the jury (or judge in a bench trial) will deliberate to reach a verdict.
The duration from the start of the trial to the final verdict can be one of the most unpredictable times in the lawsuit timeline, as deliberations might take longer if the case involves intricate medical details or contentious issues.
Contact a Las Cruces Medical Malpractice Attorney
If you have questions on how long a medical malpractice case takes in New Mexico, contact Poulos & Coates.
We offer an unmatched blend of legal and medical proficiency that distinctly positions us to handle your case with exceptional skill and care. We are one of only two law firms in New Mexico with a lawyer/doctor and a nurse on staff for every case.
Understanding the timeline of a medical malpractice lawsuit in New Mexico requires acknowledging the complexity and variability of each case.
From the initial steps to potentially lengthy court proceedings and even post-trial appeals, the journey to legal resolution is rarely straightforward.
If you suspect that you’ve been a victim of medical malpractice, it’s crucial to consult with a Las Cruces medical malpractice attorney in our office who can help you fight for the compensation you deserve.
Greig Coates, M.D., J.D.
Over the last thirty years, Dr. Coates has successfully represented plaintiffs in every conceivable type of medical malpractice lawsuit–from single-physician cases to complex litigation involving over a dozen doctors and several hospitals. Dr. Coates has taken several thousand physician depositions in his career involving every known physician specialty and sub-specialty, and almost as many depositions involving hospital personnel such as nurses, techs, and administrators. He has tried several dozen cases to successful verdicts.
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