Why Malpractice Cases Are Different
- Certificate of merit requirements. Most states require expert affidavits before suit can be filed.
- Specialized expert witnesses. Each side hires physicians to testify. These costs and timelines are substantial.
- Aggressive defense. Hospitals and insurers fund vigorous defenses; quick settlements are rare.
- High-value damages. Successful cases often involve catastrophic, lifelong injury.
What Underwriters Look At
- Documented departure from the standard of care.
- Clear causation between the error and the harm.
- Significant, measurable damages.
- Available expert support for the claim.
- The provider's insurance coverage.
Typical Timeline
- Pre-suit investigation: 3–9 months.
- Filing and pleadings: 3–6 months.
- Discovery and depositions: 12–18 months.
- Mediation or trial: 6–12 months.
Three years is normal. Funding scaled to that timeline matters — see how much funding can I receive.
Sources & Further Reading
For broader context, see Centers for Disease Control and Prevention — patient safety statistics. This article is general educational information and does not constitute legal or financial advice.
Frequently Asked Questions
Yes. Wrongful death malpractice claims are commonly funded — see our wrongful death guide.
Yes. Birth injury cases involve some of the largest settlements in civil litigation and routinely receive funding.