What is the Average Settlement for Medical Malpractice?

What is the Average Settlement for Medical Malpractice?

If you or someone you love suffered an injury from medical malpractice, you might wonder how much your case is worth. However, the average settlement for medical malpractice cases can vary significantly based on the severity of the injury, the cost of medical treatment and future care, lost income or earning capacity, the strength of the evidence, the jurisdiction where you file the case, and the specific circumstances of each individual case.

As such, it's challenging to provide an average settlement amount, as medical malpractice settlements can range from thousands to millions of dollars. Some cases may settle for relatively lower amounts, especially if the damages are less severe or liability is in dispute. On the other hand, cases involving catastrophic injuries or clear-cut instances of negligence may result in much higher settlements.

Some medical malpractice cases go to trial, and the outcomes can vary based on the court's judgment. For the most accurate and up-to-date information on average medical malpractice settlements and what your specific claim might recover, consult an experienced Bronx medical malpractice attorney who can review your claim.

Types of Medical Malpractice: Understanding Negligence in Healthcare

Medical malpractice can force patients to endure lifelong injuries or, tragically, lose their lives. Several distinct types of medical malpractice can occur in healthcare settings anywhere across the U.S.

The table has a few medications, a stethoscope, and a judge's gavel.


Misdiagnosis occurs when a healthcare professional fails to correctly identify a patient's condition or illness. The inadequate or incorrect treatment that results can harm a patient. For instance, a benign tumor misdiagnosed as cancer can lead to unnecessary and harmful treatments, while a true cancer diagnosis that goes undetected can deprive a patient of vital care.

Delayed Diagnosis

Delayed diagnosis is closely related to misdiagnosis. In this scenario, a patient receives an incorrect initial diagnosis, delaying the correct diagnosis. This delay can worsen the condition due to the lack of timely treatment. Factors such as skipped tests or overlooked signs on medical imaging can contribute to delayed diagnoses.

Failure to Treat

Failure to treat is a form of medical malpractice where a healthcare provider correctly diagnoses a condition but neglects to prescribe appropriate treatment. This negligence can stem from factors like overworked medical staff, leading to lapses in the standard of care. Patients may experience premature discharge from treatment or might not receive necessary specialist referrals.

Surgical Errors

Surgical errors have a significant impact on a patient's quality of life. Merely signing a consent form acknowledging surgical risks does not absolve healthcare professionals of responsibility in cases of clear negligence.

Examples of surgical malpractice include:

  • Unnecessary procedures
  • Wrong surgeries
  • Post-operative care lapses
  • Anesthesia errors
  • Surgical instrument mishandling

Birth Injury

Birth injuries are among the most devastating forms of medical malpractice. Parents eagerly anticipate their newborn's arrival, but unforeseen birth injuries can occur due to healthcare provider negligence. Inadequate prenatal care and preventable injuries during childbirth can lead to lifelong complications for both mother and baby, often necessitating extensive and costly medical care.

While these are some of the most common types of medical malpractice, other forms exist.

If you suspect that you or a loved one was a victim of medical negligence, seek legal advice. A qualified attorney can assess the circumstances, determine if malpractice occurred, and guide you through the legal process to seek the compensation you deserve. Every case is unique, so seeking legal representation is essential for accurate evaluation and reliable representation.

Successful medical malpractice claims will prove four elements of negligence.

For a medical malpractice case, these elements include:

  • A legal obligation or duty on the part of the doctor or other medical provider to offer care to the patient
  • A breach of this duty by a doctor or medical provider's failure to follow the standards of care for the profession
  • An injury to the patient arising from the provider's breach of duty
  • Patient damages resulting from the injury

You must prove all four elements to have a successful medical malpractice claim. An experienced medical malpractice attorney can identify and establish a viable claim.

In a civilized society, everyone owes a duty of care to others. In a medical setting, the professionals caring for patients owe them a professional duty of care that aligns with the profession's standards.

The standard of care generally means care that a reasonable, similarly situated professional should have given to the patient under the same or similar circumstances. Breaching that duty can come in the form of action or inaction. However, a breach of duty alone doesn't mean medical malpractice occurred.

The breach must cause harm or injury to the patient. The patient's medical malpractice lawyer must show that there is a direct relationship between the medical professional's breach of duty and their injury. They must also prove that the patient's injury resulted in compensable damages.

What Is My Medical Malpractice Claim Worth?

This is one of the most common questions medical malpractice lawyers receive, and understandably so. Unfortunately, it varies between causes and the factors involved. However, your medical malpractice attorney can provide an estimated case value based on their experience, similar cases in your area, and injuries and damages.

For instance, someone with more severe or life-threatening injuries will generally receive more compensation than someone with minor injuries.

Understanding Medical Malpractice Compensation: Key Factors at Play

Compensation amounts vary widely based on various factors. Individuals pursuing medical malpractice claims need a lawyer who understands what influences the potential compensation they may receive.

Here are some key factors that play a role in determining medical malpractice compensation.

Severity of the Injury

The extent and severity of the injury caused by medical malpractice is a primary factor in determining compensation. More severe injuries that lead to significant physical, emotional, or financial hardships typically result in higher compensation. For example, a patient with the wrong leg amputated will typically receive more compensation than one with the wrong thumb amputated.

Cost of Medical Treatment and Future Care

The cost of past and future medical treatment directly affects compensation amounts.

This includes:

  • Expenses for surgeries
  • Rehabilitation
  • Medications
  • Assistive devices
  • Ongoing care

Additionally, long-term care needs can significantly influence the compensation awarded.

Lost Wages or Earning Capacity

Compensation may also cover lost income due to time off work because of the injury. Severe or permanent injuries affect a victim's ability to earn a living, so your lawyer may factor future earning capacity into the compensation.

Provable Damages

You need strong evidence to support the damages claimed in a medical malpractice case.

This includes:

  • Medical records
  • Expert testimony
  • Witness accounts
  • Other relevant documentation

Pain and Suffering

Your lawyer will consider non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, in medical malpractice compensation. These damages significantly determine overall compensation.

Liability and Negligence

You must establish liability and prove negligence on the part of the healthcare provider in a medical malpractice case. The more substantial the evidence of negligence, the more likely a patient can receive higher compensation.

Jurisdiction and State Laws

Laws regarding medical malpractice and compensation vary by jurisdiction and state. Some states cap non-economic damages, which limit the compensation injured individuals can receive through their claim, while others do not. 

Understanding the laws specific to the jurisdiction where the case takes place can determine your compensation. When you hire a knowledgeable attorney, they will know your state's laws and guidelines.

Insurance Coverage and Policy Limits

The healthcare provider or facility's insurance coverage in the malpractice can also impact the compensation amount. Some medical providers may have higher policy limits, allowing for larger settlements.

Medical malpractice compensation is a complex matter influenced by various factors. Understanding these elements is crucial for individuals seeking rightful compensation for injuries caused by medical negligence.

Consulting an experienced medical malpractice attorney can provide invaluable guidance throughout the legal process, ensuring victims receive the compensation they deserve. Every case is unique, so seek professional legal advice for accurate assessment and representation.

What are Damages?

Damages are the financial representation of your losses and suffering resulting from your injuries. Medical malpractice cases have both economic or special and non-economic or general damages. Injured patients deserve compensation for all of their damages.

Economic damages include bills you have paid or expenses you incurred due to your injuries. They can consist of out-of-pocket costs, medical bills, and lost income. These damages are straightforward and objective.

On the other hand, non-economic damages are subjective. A medical malpractice lawyer can assert the value of your non-economic damages in your claim.

These damages include:

  • Pain and suffering 
  • Emotional distress and trauma 
  • Disability
  • Permanent disfigurement or scarring
  • Humiliation
  • Loss of companionship/marital relationship, also known as loss of consortium
  • Loss of ability to enjoy life
  • Exacerbation of existing injuries

Why Do I Need a Medical Malpractice Attorney?

Most, if not all, medical malpractice cases are incredibly complicated. There are often millions of dollars at stake. To increase the chances of receiving fair compensation, hire a medical malpractice lawyer to represent you.

Your lawyer can work to prove the at-fault party's negligence, that their negligence resulted in your injury, and that the injury caused severe damages and consequences for you. Hospitals often have highly experienced and large legal teams to advise and represent them in medical malpractice cases. Having your own attorney will preserve your rights and ensure you get the best possible outcome.

How Long Will My Medical Malpractice Lawsuit Take?

Unfortunately, there is no one-size-fits-all answer to this question. Each medical malpractice case is different; your medical malpractice attorney will treat it as such. These complex cases can take a long time to resolve.

If you believe you have a case, contact an attorney today to discuss your circumstances and injuries with a medical malpractice lawyer. They can provide you with an estimated timeline of your case and let you know what you can expect along the way.

What Should I Do if I Think I Have Injuries Due to Medical Malpractice?

If you think you are the victim of medical malpractice, what you do next can affect the success of your case and your health.

Here are the first steps you should take:

  • See a different doctor. Getting appropriate medical care from another doctor is essential for your health and well-being. It can also document any conditions your original doctor caused or made worse in your medical records.
  • Get your medical records. Detailed medical documentation is critical in malpractice cases. It shows what your original doctor did or didn't do that caused your injury. You have a right to your medical records. You can submit a written request to the health care facility or contact a knowledgeable medical malpractice lawyer who can handle this.
  • Call a medical malpractice attorney. A skilled lawyer can advise and support you through each step of the legal process. Their representation can also increase your chances of resolving your claim successfully.
Ivan Diamond, Medical Malpractice Attorney near Bronx, NY area
Ivan Diamond, Medical Malpractice Lawyer in Bronx

Experiencing injuries or complications due to medical malpractice can affect your life in many ways. You might have physical afflictions, mental distrust of the medical industry, pain and suffering, and financial losses you should not have to pay. In this situation, you need the right legal representation.

Your Bronx personal injury lawyer can approach your case objectively and with legal knowledge, so you can focus on putting your life back together.

Why Hire an Experienced
Attorney Like Ivan Diamond

If you want to recover the maximum compensation that you deserve, you need an experienced personal injury attorney like Ivan Diamond on your side.

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If you want to recover the maximum compensation that you deserve, you need an experienced personal injury attorney like Ivan Diamond on your side.

Someone who understands the tactics insurance companies and opposing lawyers sometimes use to avoid liability and paying settlements.

Insurance adjusters, in particular, know that you’re going through a difficult time. They may try to take advantage by offering you a lowball settlement, hoping you’ll jump at quick money before you talk to a lawyer. Don’t help them out. Instead, let an experienced attorney handle the negotiations.

The same goes for preparing your claim. A skilled, knowledgeable litigator like me understands what facts and arguments are most important to prove your claim to a judge and jury, if it comes to taking a case to trial. I know how to guide my clients through depositions, discovery, and efforts by opposing lawyers to trap them into saying things that might undermine their case.

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When our family received a call from the nursing home my brother was staying, we had no idea what lay ahead. My brother was burned over 60% of his body from smoking a cigarette without supervision.


We were so lucky to find an attorney like Mr. Diamond. We found Mr.Diamond to be sensitive to our sense of urgency to resolve this situation. He was 100% reliable and truly cared about our case which was very important to us.


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