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jammy23 · Mar 7, 2014, 02:13 PM

My friends daughter is suing a hospital for malpractice. She has an excellent case against the hospital as well as the doctor. Every time the case comes up, it is postponed. It has been seven years with so many cancellations. It supposed to go to trial. Is this legal. Can her lawyer do anything about this? It seems unfair.

ScottGem · Mar 7, 2014, 02:51 PM

Civil cases can take years to resolve. Apparently the hospital has good attorneys that can keep postponing. Her attorney should be pointing this out to the judge.

jammy23 · Mar 7, 2014, 07:49 PM

Originally Posted by ScottGem

Civil cases can take years to resolve. Apparently the hospital has good attorneys that can keep postponing. Her attorney should be pointing this out to the judge.

She said the judge was already aware of this. It seems very unfair that she has to live like she does w/o this case going to trial. Isn't there any recourse??
ARe they waiting for her to die?? She's only in her 30's.

ScottGem · Mar 7, 2014, 07:54 PM

Without knowing the details its hard to answer. Her attorney needs to push the judge.

smoothy · Mar 7, 2014, 08:09 PM

The law isn't often fair... but it does usually follow existing law and precident.

J_9 · Mar 7, 2014, 11:45 PM

Hospitals have very deep pockets and very good attorneys. They have the right to take all the time they can to create their defense. While the Plaintiff has made their case, for the most part, once they file their Complaint with the court, the Defense must be given adequate time to locate the proper expert witnesses, let them research the case, depose them, etc. At that point the Plaintiff must be given the opportunity to rebut the expert defense expert witnesses. The Plaintiff is also required to locate and hire expert witnesses on their behalf, let them research the case and depose them.

7 years is not an exceptionally long time with regards to a medical malpractice suit. I am currently involved in a med/mal case (I'm not being sued, the doctor and the hospital is, but I did care for the patient after the fact), that is at the 5 year mark with no end in sight at this point in time. I was deposed 3 years ago and have heard nothing more than the case is still open against the doctor and the hospital.

Fr_Chuck · Mar 8, 2014, 08:17 AM

Yes, it is very legal and often a trick used, so that records are forgotten, witness move or forget. And to help try and get the other side to settle. The reason they said die, that is also a common trick, if patient is old.

So yes, they can do it, as long as there are legal grounds to pospone, this is where her attorney needs to be better, but in most cases, they will not be.