It depends on the circumstances of the case. However, a recent survey by MedScape concluded that 39% of medical malpractice lawsuits take 1-2 years to resolve, while around 30% take 3-5 years. The more complex your case is, the longer it will take to prove it. The same report showed that about 30% of cases were settled out of court due to 41% of insurance companies encouraging the doctor to settle.