It can take up to 3-4 years resolve a medical malpractice case. Some factors that can affect the amount of time it takes are: the number of parties and witnesses, the number of expert witnesses, the judge�s schedule, the expert�s schedule, the opposing attorney�s schedule, etc. Over 90% of medical malpractice cases settle without a trial. However, we must prepare for trial if we hope to settle a case. If you do win at trial, remember that the doctor can appeal and the case can last another 4 years.