The timeline for medical malpractice cases in Florida can vary depending on the complexity of the claim, as well as whether the case settles or goes to trial. In some circumstances, malpractice cases can settle quickly, while in other cases, it takes between one and five years to complete the full legal process.
The Tampa malpractice attorneys at Diaco Law can help move your case forward and maximize the chances of a successful and timely outcome. Dr. Dan Diaco is a doctor and an attorney, so he understands how to build strong cases. Our firm also has decades of experience fighting for malpractice victims and we’ve recovered millions.
Give us a call to schedule your free consultation with a Florida medical malpractice lawyer or read on to learn more about the timeline for a malpractice claim to see how long malpractice cases take. The timelines below are all approximate, and your case could take more or less time depending on the circumstances.
1. The Pre-Suit Investigation (3 to 6 months)
Before you are allowed to file a lawsuit, you must get an affidavit from a medical expert attesting to the fact that there are reasonable grounds for your claim. This is required under Florida Statutes § 766.203. Your attorney can help you obtain medical records and find an expert to complete this process.
2. The required notice period
Florida Statute § 766.106(2) requires you to provide a pre-suit notification, called a Notice of Intent to Initiate Litigation. You must provide this before you sue, and you must provide this notification to any defendants you’ll pursue a claim against.
Once notice has been provided, there is a mandatory 90-day pre-suit period before you can move forward with filing a lawsuit. During this time, the defendants can investigate the allegations. In many cases, defendants will attempt to negotiate a settlement during this time period.
If you can settle your case, then your claims will often be resolved quickly. But don’t leave money on the table by accepting a settlement that is too low.
3. Filing and Discovery (12 to 18 months)
If you can’t resolve your claim, then you’ll need to officially file a lawsuit. You generally have two years from the time of the malpractice incident to file your claim.
If you don’t discover the incident immediately, you have two years from the time of discovery or from the time you should have reasonably discovered the negligence. However, unless you fall within an exception such as the one that applies when a young child was a victim, all claims must be filed within four years from when the malpractice happened, even if they aren’t discovered until later.
The presuit period can also toll or pause the statute of limitations once you serve the notice of intent.
Once you have filed your case, both sides have time to build a claim. This is called the discovery process, and it usually lasts 12 to 18 months. During this period, you may also be required to attend mediation to try to come to an agreement or resolve your claim outside of court.
4. Trial (1 to 3 weeks)
If you don’t settle during the discovery phase, then it will be time for your case to go to trial. Depending on the circumstances, it could take one to two years to be able to get a court date and move your case to trial.
Once your claim goes to trial, it typically takes one to three weeks for both sides to present their case and for a jury to deliberate and make a decision.
5. Appeals (Months to Years)
After the jury decides the outcome of your case, either side has the right to appeal. If that happens, this could add another year or two to the time it takes to get your claim through to a final resolution.
Diaco Law will be there for you throughout this process, helping you to move your case forward. Give us a call today to schedule a free consultation with a Florida medical malpractice lawyer to learn how we can help.