Why do medical malpractice cases take so long to get through our legal system?

They take so long because of the frivolous nature of the malpractice cases. Medical malpractice cases are usually due to some jamoke who wants to squeeze money for a frivolous reason.

I know of no cases in our legal system that take little time

because our legal system is all messed up! lawyers can do so many things to get more time, and there are so many rules to follow are red tape to go through. it sucks, believe me.

because they hold the little guy back from justice and when ur the one on trail they run u straight into the jail! guilty or not!

Unfortunately the reason is because there is so many fraud cases out there it hurts the ones who really need to get their claims settled.

BECAUSE IF YOU THINK ABOUT IT, LAWS ARE WRITTEN BY LAWYERS AND THEY ARE THE ONLY ONES THAT UNDERSTAND THE LAWS

Because it is the nature of the beast. Many states, like California, have attempted to shorten the process by mandating a "fast track" policy. In theory, a case should be disposed of within one year of filing.

In practice, this is not practical. When you file a lawsuit, you must first serve all defendants. Drafting, filing and serving a complaint can take up to 30 days. The defendants then have 30 days to answer. If they file a demurrer or motion to strike, that delays everything by an additional 30 to 45 days. Then, you have to conduct discovery (the process of gathering information for your case.) That takes a minimum of 6 months. From there, assuming everything goes to plan, you get put on the trial setting calendar. But before you can go to trial, the court will force you into a settlement conference at least 30 days before trial. If the case doesn't settle, you go to court and hope you get a trial date. If the court's docket is full, you'll get kicked over for 30 to 45 days and wait for the next round on the trial calendar. In some counties (Placer County, CA) it can take up to two years just to get a courtroom for trial. That means that a case in Placer County will take 3 or more years to litigate.

This is the best-case scenario. Worst case scenario is where you have a complex case with many defendants and many legal issues. Or, God forbid, an opposing counsel who wants to file every motion s/he thinks of. With that kind of person, you can add at least one more year to the process.

Bottom line -- litigation really, truly sucks. Unless, of course, you're a lawyer. Then it's fun.

I'm a third year law student. The reason is because you have to go through discovery. This takes time, money, deliberation, etc. Believe me...if you got a fast med mal case you would NOT win and neither would you be happy! Med mal cases are VERY complicated because lawyers have to take medical information, learn it in depth (remember, most of us went to law school because we don't like science) and then try to convey what they are trying to say to a a lay juror who also didn't go to medical school. There is a lot learning in the process. ONe doctor will say one thing and one another so the lawyer has to cover all basis. BUT I will admit that some lawyers use "delay tactics" in order to buy more time but if you were that lawyer's client, you probably would appreciate that tactic if it would win your case. End point? Be patient. If you have a claim, it will pay off in the long run. Lawyers are trying to cross all ts and dot all "i"s--otherwise you could turn around and sue them for legal malpractice because they DIDN'T do something that would have cost more time. Think about it.