What is the Average Payout For Medical Negligence?
Did you know that most medical negligence cases don’t get a jury verdict?
Over 90% of lawsuits end with a settlement. If your case makes it to a jury trial, the favor is likely to be on the doctor’s side.
If you’re thinking of filing a medical malpractice lawsuit, you might wonder how much you can get out of it. After all, there are several calculations to arrive at an agreeable number.
Still, what is the average payout for medical negligence? Keep reading to learn the factors affecting the price.
What is the Average Payout for Medical Negligence?
You might get different answers. As the settlement amount depends on several factors, it’s challenging to pinpoint a likely outcome.
The most common settlement amount in 2021 is between $100,000 to $249,999. There were about 1,926 medical malpractice payment reports nationwide in this range.
Around 1,808 reports came in for less than $50,000, while a payout of $250,000 to $499,999 had 1,399 cases. About 1,107 settlements were between $50,000 to $99,999.
In the range of $500,000 to $999,999, there were 1,082 reports. The numbers take a sharp downward turn as we enter the million and above category, having only 702 cases. Around 128 of these have a payout of over $2 million.
That said, the average settlement for a medical malpractice case should be over $300,000. Is this amount what you can expect when you win?
Factors Affecting the Case Payout
As we said above, it’s hard to determine a number when settling medical malpractice cases. Here are some factors that go into the calculation of settlements.
Medical Treatment Costs
Any past and future medical treatment costs relating to the case are under economic damages. These should include medication, consultations, and procedures.
Loss of Income or Earning Potential
Did the medical malpractice render you unable to work? You can sue for the damages amounting to the earning potential. For example, being out of work for three months makes you eligible for at least three months’ worth of salary.
Impact on Quality of Life
This category is under non-economic damages. You can sue for distress or emotional trauma that the case has caused you. If it has affected your daily life and relationships with others, you can add it into the total medical negligence settlement.
Medical Malpractice Damage Caps
Some states have passed a medical law putting a cap on settlement amounts. In California, for example, the maximum for non-economic damages is $250,000.
Other states don’t have such impositions, like New York and Iowa. Check with your state first, although your lawyer should inform you when you sue for medical negligence.
Learn More About Medical Negligence Cases
Medical malpractice ruins thousands of lives each year. The money from the settlement won’t reverse the medical issues and stress the malpractice caused. However, it can help get a stable financial footing for starting anew.
Still, knowing the answer to “what is the average payout for medical negligence” does not help your case. Consult with a lawyer first.
Did you find this guide helpful? If so, check out our other posts today.
