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What Is The Average Settlement In A Medical Malpractice Lawsuit?

  • By: Patrick “Shea” Callahan, Esq.
  • Published: April 10, 2020

When someone suffers a bad medical outcome, it is often not the result of medical malpractice. All procedures carry certain levels of risk – some of which are simply unavoidable. But if you suspect that your bad outcome was the result of negligence and medical malpractice, you should contact an attorney experienced in these matters.

An attorney familiar with malpractice claims will consult with skilled medical experts to evaluate the case and determine if you have a medical malpractice claim.

For the purposes of this installment in our Putnam County law blog, let’s assume you have gone through those steps and been told that you do indeed have a claim. For many, the next question will be: “What is the average settlement in a medical malpractice lawsuit?”

The surgeon or other healthcare professional has a moral and legal obligation to do no harm while you are in their care. A recent news article on settlements in malpractice claims pointed out compensation in these claims is based on several factors:

  • The severity of the injuries caused by the breach of care by the physician, hospital or other healthcare pro
  • Your age
  • The pain and suffering you have endured as a result of the injuries and can be expected to endure in the future

Taking all of the above into consideration, the article states that the average malpractice settlement is about $425,000 (though of course, jury verdicts in some cases go much higher).

It should be stressed, of course, that the higher the settlement or jury verdict, the greater the damage has been to the malpractice victim. Far too often people assume that large dollar figures mean the victim is in for a life of luxury when the opposite is true: larger figures mean the recipient has been damaged more and suffered more.

What kinds of evidence are needed in medical malpractice cases:

  • Patient records
  • Lab tests
  • Testimony of family, friends, co-workers, others about your limitations and difficulties resulting from injuries
  • Expert witness testimony

As you might expect, a blog post can give only a brief outline of what is needed to determine injuries and what will be needed in court and in negotiations.

The first step is to contact a Cookville attorney experienced in medical malpractice; someone who works with experts to determine if a claim exists and who also knows how to acquire and present crucial evidence of negligence in court and in negotiations.

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