What Is The Average Settlement For Medical Negligence?

medical negligence compensation value

If you are looking for the average settlement for medical malpractice then you are in the right place.

A medical malpractice lawsuit is a very common phenomenon. Despite the rise in these particular cases, the number of lawsuits that get a settlement is very few.

It has also been noted that the payout for medical malpractice has increased gradually throughout the year. Despite the rise in numbers, it is nearly impossible to find an attorney who will take a medical negligence case.

This is simply because the probability of getting a settlement are very minute not unless the victim has a solid case in which the jury will be considered biased to overlook.

What is a medical malpractice settlement?

If you or your loved one was injured during a medical procedure, a mistake that could have been avoided if the doctor was keen enough then that is what is referred to as medical malpractice or medical negligence.

Once the court finds out that what you are claiming is true. The hospital in question will be required to pay you a certain amount of money which is referred to as the settlement, for the loss you have incurred or the damage that has been caused.

This money is supposed to serve for the pain and suffering you have endured as well as the amount of money you have lost in the attempt to sustain yourself with the condition.

Example of medical negligence that has received a settlement. Over the years, there has been a number of medical negligence that has received settlement after the hospital in charge was found guilty. Such scenarios that have been considered as medical negligence include:

  • A woman died after being given the wrong blood by the hospital.
  • A patient suffers kidney damage after a doctor fails to properly monitor the warning signs of kidney damage
  • Traumatic birth of a baby after the hospital failed to provide oxygen during delivery thus ending up having cerebral palsy.
  • Negligence of management of baby’s breathing tube that led to severe brain damage.

The lists go on and on. Basically, before settlement, the jury will have to figure out if the case deserves a settlement and if yes, how much should the settlement be.

What is the settlement amount of medical malpractice?

The answer to this question is not that specific. This is because there are a number of factors to be considered before the judge and the jury arrives at a particular figure.

Some of the basic factors that will be placed under scrutiny are the type of damage the medical negligence has caused to the victim.

They will then determine how the condition is likely to affect the victim in future then lastly they will figure out how much the victim has suffered because of the condition.

After these factors have been determined, a figure will be given by the court. So far, according to analysis, the average amount awarded by the court is about $425,000. The amount can hardly go above $1milllion.

It has been notated that in most medical malpractice cases, it is much cheaper to settle. The patient involved on the other hand will need a very good attorney who will give a compelling argument to enable the victim to get compensated for his/her misfortunes.

Post Author: bengrammerlaw

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