Legal Question in Medical Malpractice in Massachusetts

Re: how long does it take for wrongful death suit

Your concerns about the duration of your lawsuit are not uncommon. In every case, it is important to move forward as quickly as possible while at the same time making sure that the suit is done right. I would need to know more about your case to make any comment specific to your case.

In Massachusetts, when a medical malpractice and wrongful death suit is filed, the court issues a tracking order assigning the case to the Average or "A" track. On the "A" track, the parties are given two years and two months to complete the discovery phase of the litigation. Within 5 months of the completion of discovery, the order specifies that the pretrial conference is to be held. At the pretrial conference, a firm trial date is supposed to be established within 4 months. Thus, trial in a medical malpractice case is supposed to occur within 3 years of filing the complaint in the Superior Court according to the court's rules set forth at Standing Order I-88. Due to Court congestion, trials are often delayed beyond this deadline.

Depending on the county where the case is filed, how hard the plaintiff's attorney pushes the case forward, and the position that the defendants take on settlement, the case can be resolved in a shorter or longer period of time. For example, I recently settled a medical malpractice/wrongful death case that had been pending in court for about two years. In that case, my co-counsel and I were able to bring the case to the point where it could be settled by vigorously pushing forward with the depositions of the defendant doctors. If the liability of the defendant doctors or nurses can be quickly established, the case can settle promptly.

http://www.massachusetts-wrongful-death-attorney.com