How long does a medical malpractice lawsuit take?

July 4, 2025 • Medical Malpractice • Written by Jeff Singer

At Goldblatt + Singer, the confusion, the uncertainty, and the emotional toll that follows a medical injury. Families come to us looking for answers, and more importantly, for a way forward. That’s why we created this resource. You might be wondering what the next few months, or even years, will look like. Will your case settle quickly, or head to trial? How much time do you really have to act? This blog will help you understand the question of how long does a medical malpractice lawsuit takes.

Types of medical malpractice cases

Medical malpractice can occur in many different forms. However, most fall into one of the following categories:

Errors of Diagnosis: Misdiagnosis or delayed diagnosis can prevent patients from receiving timely treatment. A physician who fails to consider the full picture or overlooks necessary tests may be found negligent if a competent doctor would have handled the diagnosis differently.
Medication Mistakes: From prescription errors to incorrect dosages, these mistakes can happen at the prescribing, administering, or dispensing stage.
Childbirth Injuries: Birth-related errors, such as failing to recognize complications or misuse of delivery tools, can result in permanent injury to newborns.
Anesthesia Errors: Improper dosage or failure to monitor patients during procedures can lead to devastating outcomes, including brain damage or death.
Surgical Mistakes: These include operating on the wrong site, leaving instruments inside the body, or post-surgical infections due to improper sterilization.
Nursing Home Negligence: Vulnerable elderly patients often face neglect or errors in long-term care facilities, such as falls, medication issues, or undiagnosed illnesses.

Each of these types of malpractice has unique challenges, and the complexity of the case often affects how long the legal process may take.

Typical step process of a medical malpractice claim

Understanding the stages of a medical malpractice lawsuit is key to anticipating the time involved. Each phase presents its own set of challenges depending on how complex the case is and how cooperative the opposing party might be:

Case Evaluation and Expert Review

Records are gathered and reviewed. Medical experts assess whether there was a breach of standard care.

Filing the Complaint

A formal lawsuit is filed in the appropriate Missouri court.

Discovery Process

Both parties exchange information, take depositions, and review medical evidence. This phase alone can take several months to over a year.

Negotiation or Mediation

Some cases are resolved out of court through settlements. If both parties agree, this may shorten the timeline considerably.

Trial

If the case goes to trial, the court process may add months or even years.

Appeals (if applicable)

If either side appeals the verdict, additional time is required.

Factors that can affect a medical malpractice case timeline

Several factors influence how long a medical malpractice lawsuit takes, including:

Severity of Injury: More severe or permanent injuries may require additional expert input and evidence.
Amount of Evidence Needed: Complex medical facts or disputes over causation can prolong discovery.
Expert Witness Availability: Medical experts are required in almost every case, and their availability impacts scheduling.
Court Backlogs: In Missouri, court schedules and available judges may delay trial dates.
Cooperation from Healthcare Providers: Delays often arise from providers withholding records or disputing liability.
Settlement Discussions: Willingness to settle can greatly shorten a case timeline. However, fair settlements sometimes require extended negotiation.

According to national studies, the average medical malpractice claim takes roughly 27.5 months to resolve, though this varies by state and case complexity.

What’s the statute of limitations for a malpractice case in Missouri?

In Missouri, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date of the alleged negligent act.

There are exceptions:

If a foreign object is left in the body, you have two years from when it was discovered.
If a test result was not communicated, you have two years from when you discovered the omission.
Minors under 18 have until their 20th birthday to file a claim.

Failure to file within these timeframes typically means losing the right to pursue compensation.

Talk to a medical malpractice lawyer in St. Louis

At Goldblatt + Singer, we help clients across Missouri understand their rights and hold negligent healthcare providers accountable. If you’re wondering how long your medical malpractice lawsuit may take, the best step is to speak with a trusted legal team. We offer personalized consultations to review your case, explain your options, and help you plan the best way forward.

Jeffrey Singer

Jeff Singer, Managing Partner at Goldblatt + Singer for over a decade, is a seasoned personal injury attorney known for his compassionate yet tough advocacy. He has resolved hundreds of cases and recovered millions for clients. Recognized as a Missouri Super Lawyer and Top 100 National Trial Lawyer, Jeff also serves on the Missouri Bar’s Chief Disciplinary Committee and the Board of Governors for the Missouri Association of Trial Attorneys.

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