When determining the compensation amount for medical malpractice, it is important to understand the difference between settlement amounts and jury awards. Settlement agreements are awarded out-of-court (before trial) while jury awards are awarded after the trial. It is hard to quantify the mean dollar value in settlement agreements for such negligence cases.
How Do The Settlements Work
Settlement awards are determined case by case hence it would impossible to predict the outcome of your case. Important considerations that will be taken into account when determining the worth of a settlement will have nothing to do with the outcomes of similar past cases. Important factors to be considered include the nature and severity of the injury that is as a result of the alleged negligence, the additional health care that will be required, the duration of the complication, the impact that the complication has on the life of the injured patient or whether there is a permanent disability that arises from the injury that is likely to interfere with the patient’s quality of life.
Fault And Intention
The other important consideration is that of fault or determining whether the negligence is like leaving a surgical tool inside a patient or a case of misdiagnosis where the surgeons might differ in opinions.
What Is The Average Settlement For Medical Malpractice Lawsuit?
The medical negligence claim calculator is just a guide. Laws vary from state-to-state but medical malpractice settlement amounts are estimated at $ 363,000 in an inpatient setting while the award for outpatient health care malpractices is estimated at $ 290,000. Generally, a jury award after a full civil medical negligence trial is twice the mean of an out-of-court settlement I.e a $ 799,000 jury award and a $ 462,000 award for out-of-court settlements hence its a lot cheaper to settle a case. In most cases, settlements are most preferred for the reason that if an expert witness in a trial is not credible enough during a deposition, then this is likely to jeopardize your case before the jury.
The trial could take several years to end and this could be an emotional burden on the patient due to the personal nature of allegations made. Some cases attract the attention of the media thus becoming a matter of public discourse.
Most states law allow the jury to apportion liability where a court, for example, may find that a surgeon is 70% liable while 30% of the blame is ascribed to the patient.
In other cases, a jury may find that the physician was not liable but is empathetic with the patient’s injuries thereby awarding damages. Laws have also been enacted by many states limiting the number of damages that can be awarded to a patient in case of a medical negligence lawsuit. In California state, for example, patient’s who win a similar negligence case can only be awarded $ 250,000 (non-economic damages). In Alaska, a plaintiff is awarded $ 250,000 in noneconomic damages and $400,000 where a similar negligence caused death or the patient was severely disabled. Similarly, in Florida, damages range from $ 500,000 to $ 1 million where a negligence caused death or permanent disability. Click here to learn more about the 18 wheeler accident settlement.