How long can a medical malpractice trial be delayed when there is sufficient agreement the plaintiffs condition should improve.

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December 15, 2015

Question

Its been over 4 years since the complaints were filed and slowly but surely the plaintiffs condition is improving.

Answer

Trials can be delayed for a number of reasons - appeals of adverse motion decisions, a "stay" due to the death of a party, or a bankruptcy, for example. You should be asking your lawyer what the status is. The fact that plaintiff's condition is improving - while good news - does not reduce the pain and suffering they've already been through, and the medical costs they've already incurred, although it will be factor in determining their future damages.

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