What Is the Average Settlement for Medical Malpractice?

It is not possible to know the average settlement for medical malpractice. There is simply no universal source that will allow you to calculate such a figure. Even if you had access to such a figure, knowing the average settlement for medical malpractice cases will not be especially helpful.

Augusta Medical malpractice lawyers calculate clients’ settlements on a case-by-case basis. Therefore, each medical malpractice case is independent, so information about other cases is not generally relevant.

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Medical Malpractice Cases Can Have High Values

If you are considering pursuing a medical malpractice, you may be dealing with:

• A severe, potentially disabling injury
• Significant loss of quality of life
• A loved one’s death
• A child’s injury

Each of these circumstances can cause debilitating physical pain, immense pain and suffering, and other types of substantial harm. Whenever such harm occurs, affected parties must receive a financial recovery that reflects the severity of their damages.

While we don’t have an average settlement figure, we can confidently say that many medical malpractice cases require five-, six—, seven—, and eight-figure financial recoveries.

Damages Your Medical Malpractice Lawyer Will Factor Into Your Case

In determining the cost of your case, your lawyer will need to identify and value each of your damages. In cases of non-fatal medical malpractice, damages often include:

• The cost of negligent medical care: You should not have to pay for negligent medical services. Your attorney will likely seek reimbursement for medical costs associated with negligent care.
• The cost of corrective medical care: If you need medical care to correct the effects of negligent care, your attorney will include those costs in your case.
• Rehabilitation costs: If rehabilitation is part of your recovery plan, your lawyer will include the cost of rehabilitation in your medical malpractice lawsuit.
• Lost income: If medical malpractice causes you to lose income, earning power, bonuses, or other professional benefits, these damages will be part of your lawyer’s case.
• Pain and suffering: Perhaps one of your most significant damages, pain and suffering can include physical pain, emotional anguish, psychological distress, lost quality of life, scarring, and other non-economic consequences of the malpractice.

If you or a loved one suffer disabling injuries because of medical malpractice, your attorney will consider disability-related costs. These costs may include medical equipment, in-home caregiver services, and disability-related home updates.

Recoverable Damages in Fatal Medical Malpractice Cases

If your loved one has passed away because of a medical provider’s malpractice, you can work through your grief. If you try to handle a lawsuit related to fatal malpractice, you may suffer substantial stress and emotional hardship.

A medical malpractice lawyer will demand fair compensation for a tragic loss, including for:

• Grief and other types of pain and suffering you experience
• The cost of any mental health treatment you receive
• Any pain and suffering the decedent endured before passing away
• Funeral and burial costs
• Loss of a spouse’s companionship (and any other examples of loss of consortium that are relevant to your case)
• Loss of the decedent’s income and household services

Attorneys recognize that each client has different damages. Your lawyer will identify your malpractice-related damages and fight for fair compensation from liable parties.

How Do Lawyers Seek Compensation for Medical Malpractice?

Medical malpractice cases often prove highly complex due to the intricate nature of medical concepts and terminology. Your attorney will build a case proving how negligent medical providers let you down, and your attorney will:

Handle All Case-Related Communications

Attorneys ensure that victims of medical malpractice can recover or mourn a loss without being bothered by their case. Your lawyer will deal with insurance companies, arrange settlement negotiations, and handle all other case-related communications.

Medical malpractice lawyers protect their clients’ rights and mental health by serving as the contact for all case-related affairs.

Document the Malpractice That Caused You Harm

Your lawyer will obtain all proof of medical malpractice, which may include:

• Professional testimony about how the medical provider failed you
• Incident reports from the medical provider
• Testimony from individuals involved in negligent medical care
• Testimony from witnesses to malpractice
• Your account of events
• Testimony from doctors who evaluated you after you suffered the effects of malpractice

Medical providers face a great duty of care to prevent medical malpractice, and your lawyer will secure any evidence that proves the provider fell short of the duty of care.

Obtain Proof of Your Damages

Your lawyer will build a case that highlights the harm caused by medical malpractice, and relevant documentation may include:

• Professional testimony about the injuries, mental health effects, and financial costs resulting from malpractice
• Evidence that you cannot work because of malpractice-related injuries
• Past income statements establishing the amount of your lost income
• Images of malpractice-related injuries

Each medical malpractice case involves unique damages. Your attorney will work urgently but deliberately to compile a complete record of your malpractice-related damages.

Determine the Value of Your Case

Medical malpractice lawyers must know exactly how much their clients are entitled to. Your attorney will consider economic and non-economic damages as they formulate settlement demands.

Lead Settlement Negotiations

You can continue to focus on recovery while your attorney fights at the negotiating table. Your legal team will come prepared for negotiations with:

• All evidence of the medical provider’s negligence
• Documentation of your damages
• A clear explanation of their settlement calculation
• Oral arguments in favor of your case

Parties usually settle most civil cases. Parties usually settle most civil cases. Your lawyer will give liable parties the opportunity to pay the compensation they owe you. However, if those liable parties aren’t willing to meet your lawyer’s demands, your attorney will explain the next steps in your case.

Take Your Case to Trial, if Necessary

There are many reasons why liable parties may choose not to offer a fair settlement. Negligent medical providers may not want to admit wrongdoing or may simply not want to pay for their negligence.

If those liable for your damages refuse to offer a fair settlement, your attorney will discuss the possibility of trial with you.

Will My Medical Malpractice Case Go to Trial?

Your attorney cannot determine if your case requires a trial until they complete settlement talks. Medical malpractice cases may have a higher-than-average chance of going to trial because:

• Medical malpractice is often costly: If your case is going to settle, liable parties must agree to your lawyer’s settlement demands. The higher the cost of your damages, the loftier your attorney’s settlement demands will be. Because medical malpractice can be an expensive form of negligence, liable parties may not be willing to meet your lawyer’s demands.
• Proving medical malpractice can be complicated: Many medical procedures come with risks. Your attorney must prove that your harm exceeds the standard risk of undergoing medical care. If liable parties do not believe your lawyer has proven your case, they may be willing to take the risk of going to trial.
• Medical providers may have the resources to complete a trial: Liable parties sometimes settle cases because they do not have the resources to mount an effective case at trial. Medical providers may have the resources to fight medical malpractice claims in court.

Researchers note that medical providers prevent errors by implementing a safety-focused culture. If a medical provider fails to honor this standard of care, a medical malpractice lawyer will fight for the justice you are entitled to.

Why Medical Malpractice Cases Are Often Supremely Complicated

Even if you wanted to, it may be immensely difficult for you to lead a medical malpractice case on your own. Many victims of medical negligence hire an attorney for their case because:

They Are Occupied with Recovery or Mourning

If you initiate a medical malpractice case, it’s because you have suffered injuries or lost a loved one. Either of these outcomes means:

• You may need to focus on physical recovery, psychological and emotional recovery, or both
• You may have a limited capacity to handle stress
• You may find it difficult to re-experience the facts of your medical malpractice episode

When you hire a law firm to handle your medical malpractice case, you can put your mental and physical health above all.

They Lack a Technical Understanding of the Medical Field

Proving medical malpractice requires a strong understanding of:

• How the medical industry functions
• The specific duties medical providers owe their patients
• How to identify instances of medical malpractice
• How to prove medical malpractice

While attorneys often work with medical specialists during malpractice cases, the attorney may have a working understanding of medical malpractice. Such knowledge can be critical to the success of any medical malpractice case.

They Want a Law Firm to Cover the Cost of the Case

Attorneys and their firms ease their clients’ financial burdens by covering the cost of medical malpractice cases. Rather than place yourself at financial risk by paying for your case, you can have a lawyer and their firm take the risk for you.

They Value a Lawyer’s Experience

Medical malpractice lawyers offer experience that the typical victim of malpractice lacks. Your lawyer’s prior experience may:

• Afford them familiarity with the medical provider who caused you harm
• This means they have a preexisting network of professionals who help with medical malpractice cases
• Help them understand the challenges that arise during medical malpractice cases

Always build medical malpractice cases on a foundation of experience.

The Law Firm Can Take the Case to Trial if Necessary

When negotiating a settlement, it’s important to have the possibility of going to trial. If liable parties know a trial is possible, it may motivate them to reach a settlement agreement.

When looking for a lawyer, ask representatives if the law firm will take your case to trial. Your attorney should be willing to go to court if your case requires it.

Your Attorney May Hire Various Experts to Help Build Your Case

Medical malpractice lawyers do not build cases on their own. When you hire an attorney to handle your case, you may also get the benefit of:

• Multiple lawyers: Your law firm may assign multiple lawyers to your case. This team approach may ensure your case moves forward as efficiently as possible.
• Paralegals: Law firms typically employ paralegals who are crucial in every case.
• Medical professional: Your law firm may hire multiple medical professionals to contribute to your case. These professionals’ credentials may add weight to your attorney’s case, and their services will come at no additional cost to you.
• Other professionals: If any other professionals may contribute to a successful outcome in your medical malpractice case, your attorney will hire them.

A law firm will support you in every way they can. Their primary goal will be to secure all the compensation you are entitled to.

Do Not Wait Any Longer to Hire a Medical Malpractice Lawyer

There are often strict deadlines for filing medical malpractice cases. Time is of the essence, so do not wait to find a qualified lawyer and promptly hire them to lead your lawsuit. Swift action is crucial to protect your legal rights and build a strong case.