If you were harmed during medical care, you may wonder what went wrong and how long a malpractice claim could take to resolve.
Medical malpractice claims move at different speeds. Expert reviews, disputes over what caused the injury and settlement talks can all affect the schedule.
It’s important to know what happens when a claim is made, and which deadlines cannot wait.
In This Article:
- How Long Will My Medical Malpractice Claim Take?
- Obtain Your Medical Records and Have Your Case Reviewed
- Know Your Time Limits in California
- Filing a Medical Malpractice Lawsuit and Discovery
- Reaching a Settlement, Going to Court, and Being Paid
- How You Can Help Speed Things Up
- Conclusion
How Long Will My Medical Malpractice Claim Take?
Some claims settle early. Others involve multiple experts, contested evidence and a trial, which can take much longer.
According to the Connecticut Insurance Department in their report from 2026, they showed that claims closed between 2021 and 2025 averaged 3.01 years. That’s from the time the insurance company got notified to when the case closed.
These figures came from multiple Connecticut insurers and self-insurers, so they cannot predict the timing of your California case. There will be no way to tell you exactly when your case will be finished, so don’t let anyone try to convince you otherwise.
The case timeline is not the filing deadline.
Deadline to File: The statute of limitations you have to file your lawsuit.
Case Timeline: How long the case may take.
Obtain Your Medical Records and Have Your Case Reviewed
Your medical malpractice case begins with determining if your injury was due to a medical error or if it was a side effect/complication of your condition.
This will require you to obtain your medical records, imaging, discharge papers, prescriptions, medical bills, etc.
Write down what happened and when your injuries started occurring and start a log of days you couldn’t work, additional medical care, etc.
If you’ve been injured during your medical treatment in California, it’s a good idea to contact a California medical malpractice lawyer. Verdict Victory can help you obtain the necessary records, identify who you can sue, and what your time limits are to file.
This can all take time, especially if several medical providers are involved, so don’t wait until every medical bill arrives or your recovery is complete before seeking advice.
Know Your Time Limits in California
There are time limits to file your medical malpractice lawsuit.
In California, you typically have one year to file your lawsuit from the day you discovered, or should have discovered your injury, or three years from the date of injury, whichever is shorter.
There are exceptions to the statute of limitations and if there are the following things involved, you may have additional time…
- Fraud
- Concealment
- certain foreign objects
- or if you’re a minor
Consult with your attorney to know your specific deadline to file.
In California, you will need to send a notice to the healthcare provider that you intend to sue them at least 90 days before you file.
Your notice should contain information about your legal theory, injuries, and damages.
A notice of intent to sue does not automatically give you more time to file…
- Under California law, section 364 can toll the applicable filing deadline for 90 days when proper notice is served in the last 90 days of that limitations period.
Ask an attorney whether this applies to your case. Don’t assume you have 90 extra days.
Remember, talking to the insurance company does not guarantee you’ll have more time to file a lawsuit.
Filing a Medical Malpractice Lawsuit and Discovery
If your case cannot be settled, you may need to file a malpractice lawsuit unless a valid arbitration agreement or another procedure applies.
Your lawsuit will lay out your allegations against the healthcare provider and the damages you are seeking. Once your lawsuit is filed, the defendant(s) will be served with the documents.
Similar to other civil lawsuits, once the defendant is personally served with your Summons and Complaint, they have 30 days to respond to your lawsuit. This could be longer or shorter depending on how they were served and any other factors that may apply.
Discovery then begins.
This is where both parties gather information and try to prove their side of the story.
Discovery can consist of:
- Interrogatories, which are written questions the other party will have to answer under oath.
- Document requests asking the other party to provide records, documents, etc.
- Depositions: this is when you or the other party are deposed, meaning asked questions outside of court under oath.
- Medical Expert: your expert can provide their opinion on your medical treatment and cause of your injury.
Discovery can take a long time and may be the longest part of your medical malpractice case.
It will take time to schedule your experts, find records, and may lead to disputes with the other side over documents. A case management conference can be held to help organize discovery and get things ready for trial.
Ask your attorney what steps still need to be completed and when the court will update you.
Reaching a Settlement, Going to Court, and Being Paid
A settlement can end a dispute without a trial verdict. It may happen before filing, during discovery, at mediation or near trial. Some treatment agreements require arbitration instead.
A settlement depends on the medical evidence, the severity of injury and your losses. It isn’t guaranteed, and the amount may be less than you seek.
If you cannot reach a settlement, the case may proceed to trial, but dismissal, a motion ruling or arbitration may end it without one.
At trial, witnesses may testify, and a judge or jury decides the outcome. Trial dates can be pushed, or there may be delays, so it’s best to ask your attorney what they expect.
Payment may still take time after a verdict or settlement. Appeals, post-trial motions and medical liens can delay release of the money.
Ask your attorney what must happen before payment.
How You Can Help Speed Things Up
There are things you can’t control, like when your case goes to trial, or how fast the other side gets back to you, but here are some tips you can use to speed up the process.
- Make sure you’re keeping a timeline of your treatment, when your injuries occurred, when you noticed something wasn’t right, etc.
- Keep all your medical bills, letters, and documentation of days you couldn’t work, etc.
- Always respond to discovery and anything else that needs to be completed in your case, in a timely manner.
- Let your attorney know if you have additional treatment or changes to your diagnosis as this can affect your case and damages.
Try to stay on top of your case, and ask for updates on what’s coming next, instead of trying to get a final date on your case.
Conclusion
There are many factors that will determine how long your medical malpractice lawsuit will take: from getting your evidence, to how fast the case moves, or if you’ll be able to reach a settlement.
The best thing you can do is gather your records, talk to an attorney, and make sure you file within your time limit.
