What Is the Average Medical Malpractice Settlement?

Legally Reviewed and Edited by: Terry Cochran

Medical care is designed to support and improve health, but there are unfortunately situations where medical professionals make mistakes or don’t meet the standard of care. The result: patients suffer devastating consequences. If you or a loved one has been injured in this type of case, then you are probably wondering about the average medical malpractice settlement and how you can manage your expectations for compensation.

At Cochran, Kroll & Associates, P.C., we’ve seen how much Michigan families are affected by these tragic mistakes in the medical field. Every situation is unique, which is why you deserve personalized attention and an aggressive legal team that will advocate on your behalf.

What Is Considered Medical Malpractice?

If you have a medical malpractice case, then it means that healthcare providers failed to meet accepted standards of care, which caused harm to you. Keep in mind that you don’t have a case just because treatment didn’t work. The key to these types of legal cases is proving negligence in the doctor’s actions (or lack of actions).

Common examples of medical malpractice include misdiagnosis or a delayed diagnosis of serious conditions like cancer or heart disease. Surgical errors also fall into this category, such as wrong-site surgery, leaving instruments inside a patient, or operating on the wrong person entirely.

Medication mistakes also fall under medical malpractice, including the wrong prescription, incorrect dosages, or failing to check for dangerous drug interactions.

As a patient, every healthcare provider you work with owes you a duty of care. If your provider breaches that duty through negligence and causes actual harm, then you might have a medical malpractice case to pursue. Our legal team is here to help, ensuring a personalized strategy and the best results based on your unique needs.

What Factors Drive Average Medical Malpractice Settlement Values?

There are various factors that impact the value of your settlement, starting with the severity of your injuries and how much your life is impacted. Minor complications often result in smaller payouts, while more serious or catastrophic injuries can lead to much bigger settlements (sometimes even reaching into the millions).

The best way to strengthen your case and get a bigger settlement is through clear evidence of negligence. Our legal team is proactive about working with medical experts who can explain these complex issues to insurance companies and juries.

We take a close look at your current and future medical costs to prove economic damages. Other factors that can increase your settlement include lost wages and diminished earning capacity because of the reduced income in the coming years.

National Settlement Averages

Recent data from the National Practitioner Data Bank shows the average medical malpractice settlement at approximately $348,000 nationwide. But keep in mind that this number is a broad range, because every situation is unique. Settlements can start from $30,000 for minor cases to several million for severe injuries.

Michigan settlements often exceed national averages because our state has a favorable legal climate, which helps to protect victims and their rights. Our courts don’t impose damage caps on most malpractice cases.

The average settlement for surgery malpractice is often higher compared to other types of personal injury cases, because there are well-established operating room standards that should be followed for safety.

Wrongful Death Cases

When medical errors result in death, the family can receive a settlement because of their loss. The average medical malpractice settlement resulting in death is quite high because the payouts must account for the person’s lost lifetime earnings. In Michigan, the law also allows families to be compensated for the deceased’s conscious pain and suffering before death.

These wrongful death cases require careful evaluation of the victim’s earning potential and the family’s future financial needs when pursuing a malpractice lawsuit settlement.

Understanding Your Legal Options

How much can you sue for medical malpractice really depends on your specific circumstances. Each case is different, which is why you need an experienced legal team to help.

Economic damages cover all related medical expenses, as well as lost income and future care costs. Non-economic damages cover pain, suffering, and loss of life enjoyment.

We usually attempt early negotiations for a malpractice lawsuit settlement before filing the lawsuit. The goal is to get a fair settlement without the court process, but there are times when the case needs to be taken to court if the negotiations aren’t successful.

Common Medical Errors

Misdiagnosis and delayed diagnosis are two of the most common reasons for malpractice claims. For example, when doctors don’t recognize symptoms, then the patients suffer because their condition can get worse if it goes untreated.

Common surgical errors include operating at the wrong place on the body, leaving instruments in the surgical site, and anesthesia mistakes. All of these issues can lead to serious complications requiring multiple corrective treatments. The average settlement for surgery malpractice cases involving these errors often reflects the severity of the complications and long-term care needs.

Birth injuries can also be high-value claims. For example, if you have delivery complications that result in cerebral palsy, then the settlements must cover the cost of a lifetime of care (often exceeding several million dollars).

Maximizing Your Settlement

Early legal consultation is the best solution to protect your rights. Our legal team is here to help you preserve the most important evidence and build your case. According to NPR’s reporting on medical errors, many preventable incidents go unreported, which is why early documentation is crucial to avoid losing valuable evidence.

One way to maximize your settlement is to never accept the initial offer from the insurance company. These early proposals are usually low-ball offers because the insurers are hoping to resolve claims quickly and cheaply. So, talk to our legal team before accepting any offer.

Understanding how much you can sue for medical malpractice helps you evaluate whether settlement offers are fair and reasonable for your situation.

Why Choose Our Firm

Our Michigan-based law firm has decades of experience handling complex malpractice cases. We understand the medical and legal issues involved and fight aggressively for every dollar you deserve.

We work on a contingency fee basis, which means that you don’t have to pay anything unless we win your case. This payment structure ensures that you have quality legal representation when you need it most.

If you’re dealing with potential medical malpractice, then it’s time to speak with our compassionate, knowledgeable attorneys at Cochran, Kroll & Associates, P.C. We’ll review your case, walk you through the claims process, and fight for the settlement you deserve.

Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.