How Long Does a Medical Malpractice Case Take in Montana?

If you’re considering whether to file a malpractice lawsuit, it’s only natural to wonder how long the process will take. In some cases, an insurance company or corporate representative may offer a settlement and tell you that if you don’t accept, you will be facing years of uncertainty with no resources to help you cover your expenses. That tactic is often enough to encourage victims of malpractice to sign away their right to sue in exchange for a settlement far less than they should receive.

No one can accurately predict the future. But if you schedule a consultation with an attorney experienced in helping victims of medical malpractice in Montana, the attorney can review the specific circumstances of your case and explain the potential progress and outcomes, along with the timeline. Here are some factors that determine how long it takes to complete a malpractice case.

Settlement vs. Trial

The biggest determining factor in almost any personal injury case is how the case concludes. Someone who has been harmed by birth injuries, surgical errors, a missed diagnosis, or other medical mistakes will have additional medical needs in the future, and they should seek compensation to cover those needs. Often, the victims of medical malpractice also need non-medical assistance as well, such as income to make up for reduced earning capacity, and funds to pay for help with personal care. There should also be compensation for pain, suffering, emotional anguish, and the loss of quality of life. 

A knowledgeable attorney can calculate the cost of future needs and the value of intangible losses, such as pain, and prepare a demand letter for the representatives of the medical team responsible for the medical mistakes. A skilled attorney will have been working all along to not only calculate these values but also gather evidence to establish a strong legal case for liability on the part of the medical providers.

When confronted with the evidence and a request for damages, the defendants may agree to settle the case and pay the compensation requested. That would end the case. However, it often takes several rounds of negotiations to reach a point where the defendants are willing to pay a fair amount to resolve the case.

If the defendants are stubborn or don’t believe the victim’s attorney has the evidence and arguments to win if the case were to go to court, then the defendants will not offer a fair amount to settle the case. In that situation, the only way to obtain fair compensation is to proceed with the litigation. The timing of the case can depend on the court’s schedule.

Medical Complexity

Another critical factor affecting the time it takes to resolve a medical malpractice case in Montana is the degree of medical complexity. Are there multiple injuries? Are the causes of the injuries clear, or do they require extensive investigation? Is it hard to find experts with the right experience to explain what should have happened and how the medical team acted negligently? 

These issues can all cause the discovery phase of the case to take longer, as well as a trial if the case goes to court. When the injuries are extremely severe with lifelong effects, that will usually involve more damages and the defense may dispute the damage request, so additional experts, such as vocational experts, may need to weigh in with their opinions, which can also cause the case to take longer.

If there are several potential defendants, that adds a further layer of complexity, potentially making every phase of the case take longer. An attorney can review how these issues might impact your particular case.

Bring Your Questions About Medical Malpractice to Ragin and Clark

Medical malpractice cases are more complicated than most other personal injury cases, so it is important to work with a legal team with extensive experience succeeding in these claims. At Ragain & Clark, we not only understand the evidence and issues in malpractice claims, but we also know when it’s time to take a case to the judge to decide. While we negotiate out of court whenever possible to save time for our clients, we have decades of experience winning in court and are prepared to do whatever is necessary to deliver the result our clients deserve.

If you or a loved one has been harmed because of mistakes by healthcare providers, we urge you to schedule a free consultation with our team to learn more about the ways we may be able to assist. Just call us at 406-651-8888 or contact us online now.