Legal Question in Medical Malpractice in New York

How long do medical malpractice lawsuits take to settle, typically? My wife has had one that has been ongoing and is now seven years after the incident. It is scheduled to go to court next month, and we found out that the "defense is in conference with the carrier", and I've been told that means they are looking at settlement figures. If an agreement is made, how long is it until any funds are exchanged? How long can this drag out?

Thanks.


Asked on 4/28/11, 10:37 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Seven years post incident is terrible, but it's not the critical time period. The critical time period really runs from the time that a judge is assigned to the case (by filing an "RJI," Request for Judicial Intervention) until it appears on the Day Calendar in the trial assignment part. IN Nassau County, for med mal, that period is about 18 months. I don't know what it is in Suffolk these days.

Assuming that your wife, the plaintiff, is conscious and competent, the settlement should close at the end of the first complete month after it is signed up. Sign now, expect funds end of May. Sign Monday, expect funds end of June. Don't let the insurance company know you are anxious to get the funds or they will lowball you.

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Answered on 4/28/11, 11:03 am


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