Calculating the average settlement for medical malpractice is impossible because every malpractice suit is different, and laws and non-economic damage caps vary by state. Because each medical malpractice case is unique, the settlement another claimant receives has no merit or influence over the outcome of your medical malpractice case.
Medical malpractice is the third most common cause of death in the U.S., claiming over a quarter of a million lives annually. If you have suffered an injury or lost a loved one due to medical malpractice, consult a Winder medical malpractice attorney immediately to discuss your legal right to financial compensation.
Types of Damages You Can Recover in a Medical Malpractice Settlement
Victims can recover two primary types of damages in a medical malpractice suit: economic and non-economic. Economic damages include tangible losses quantifiable with invoices and receipts.
Non-economic damages are intangible losses for which your medical personal injury lawyer will determine monetary value in your medical malpractice settlement, such as pain and suffering.
Medical Costs
Medical expenses are economic damages that include all losses relating to remedying the medical malpractice injury. Keep copies of all medical bills and receipts for doctor and specialist visits, surgeries, medical devices and equipment, and prescription medication costs.
Rehabilitation Costs
Rehabilitation expenses associated with an injury caused by medical malpractice are recoverable economic damages in a medical malpractice claim. For example, services from:
- Physical therapists
- Chiropractors
- Massage therapists
- Occupational therapists
- Speech and language therapists
- Audiologists
- Acupuncturists
Keep the paper trail associated with your rehabilitation costs, including travel time to and from appointments. You may be eligible for travel mileage and gas expenses. If seeing a rehabilitation specialist involves travel and overnight lodging, those damages may also be calculated.
Disability Damages
Medical malpractice victims with disabling injuries incur substantial medical costs relating to their injuries, such as:
- Medical equipment and devices
- In-home modifications, such as wheelchair ramps, stair lifts, accessible bathrooms, lowered countertops, widened doorways
- In-home nursing or home healthcare
- Other items and services related to their disability
- Income replacement through the remainder of their life
Disabilities may also cause immense pain and suffering that affects injury victims long-term. Medical malpractice attorneys understand the complex nature of these damages and how to value their costs.
Pain and Suffering Damages
Pain and suffering are non-economic damages, including physical and emotional pain, resulting from negligence. Some examples of pain and suffering damages include:
- Chronic pain
- Emotional anguish and distress
- Post-traumatic stress disorder (PTSD)
- Anxiety and depression
- Sleep disturbances
- Decreased quality of life
- Shortened life expectancy
- Physical impairment
- Disfigurement
- Anger, frustration, and fear
- Embarrassment or humiliation
- Psychological trauma
Family members who experienced their loved one's wrongful death due to medical malpractice may also have their attorney value damages such as grief, loss of consortium (companionship, love, intimacy, spousal relations), and loss of household services (cleaning, cooking, childcare).
Income Losses
Medical malpractice injuries and disabilities can impact a victim's professional life significantly, even causing them to become unable to perform the duties required of them at work. Income losses a medical malpractice attorney may recover include:
- Lost income (salary or hourly earnings)
- Lost commissions and bonuses
- Passed-over promotions
- Loss of benefits (health, retirement, pension)
Diminished earning capacity is another calculated damage estimating how much a medical malpractice injury victim's earnings will decrease over the rest of their working life due to their injury. Factors affecting this calculation include:
- Age and health at the time of the accident
- Life expectancy
- Earnings before the accident
- Career trajectory
- Education, skills, and training
- The market value of skills and field
- Potential promotions and salary raises
- The expected rate of inflation
Diminished earning capacity is often more challenging to prove because it involves calculating estimated losses that may not occur for years. Your attorney may prove diminished earning capacity with the following:
- Documentation of income (pay stubs, tax returns, employer statement confirming)
- Work history (reliability, awards, raises, promotions, disciplinary actions)
- Medical expert testimony (determine if full recovery is plausible)
- Financial expert testimony (comparing what you could have earned before injury versus what you can expect to earn following it)
Your attorney may also employ vocational rehabilitation expert testimony to discuss future rehabilitation needs and your likelihood of returning to work.
Punitive Damages
Punitive damages are reserved for particularly egregious acts, making them the exception rather than the norm in medical malpractice cases. However, some medical malpractice suits may warrant them.
Only a jury can award punitive damages. They are meant to punish the at-fault parties and discourage others from repeating the offense.
What Constitutes Medical Malpractice?
Medical malpractice occurs when a medical professional's negligence results in harm, injury, or death to a patient. Common examples of medical malpractice include:
- Misdiagnosis
- Delayed diagnoses
- Surgical errors (operating on the wrong patient, performing the wrong procedure, leaving equipment inside of the patient)
- Informed consent issues
- Birth injuries
- Anesthesia errors
- Medical equipment failures
- Medication errors
- Recommending unsafe or unnecessary treatment
General negligence constituting medical malpractice in a claim or lawsuit includes:
- Taking an inadequate patient history
- Failure to monitor a patient's condition adequately
- Failing to order proper testing
- Failure to order imaging tests
- Discharging a patient prematurely
- Failure to provide post-discharge instructions
- Failure to conduct follow-up care
- Failure to maintain sterile and sanitary conditions
- Medication errors
Healthcare professionals such as doctors, surgeons, therapists, anesthesiologists, hospitals, pharmacists, insurance companies, medical device manufacturers, and sellers may be liable in a malpractice suit.
To prove medical malpractice, your attorney must demonstrate the four elements of negligence: the doctor owing you a duty of care, their actions falling below the standard level of care, their negligence causing your injuries, and your injuries sustaining actual damages.
How Much Does a Medical Malpractice Lawyer Cost?
Most medical malpractice attorneys work on a contingency fee basis, meaning there are no upfront costs, and they do not get paid unless you do. This no-risk arrangement makes legal representation for medical malpractice victims attainable for everyone, regardless of financial situation.
Schedule a free consultation with a personal injury lawyer to discuss the specifics of your case. They will assess your situation and advise you on your next legal steps.