How Much Can I Get in a Medical Malpractice Lawsuit?

Every medical malpractice case is unique, so there's no accurate way to predict what a particular claim might be worth without taking a deep dive into its specific characteristics. But in every medical malpractice lawsuit, an injured patient might get compensation for a wide variety of "damages" (losses) resulting from the health care provider's mistake. And understanding these different kinds of damages—along with a host of other factors—can go a long way toward calculating the value of a medical malpractice case.

What Are "Damages" in a Medical Malpractice Lawsuit?

In the language of the law, "damages" is just another word for losses suffered by the person who is filing a lawsuit (the "plaintiff"). By filing the case, the plaintiff is asking the court to order the person being sued (the "defendant") to pay damages to the plaintiff. (In a medical malpractice lawsuit, the plaintiff is the injured patient, and the defendant is a doctor or other health care provider.)

There are usually three categories of damages available in medical malpractice cases: general, special, and punitive.

What Are "General Damages" in a Medical Malpractice Case?

General damages (sometimes called "non-economic" damages) refer to the non-financial effects that the medical malpractice has had on the patient and on their life. The most common examples are:

• physical and mental pain and suffering
• loss of enjoyment of life
• inability to pursue hobbies or participate in activities
• effects of long-term or permanent disability, and
• loss of consortium (which might be part of the patient's case, or could be brought by the patient's loved ones in a separate action, depending on the state's law).

What Is "Pain and Suffering" in a Medical Malpractice Case?

The "pain and suffering" component of general damages in a medical malpractice case includes both:

• the patient's physical pain and discomfort brought on by the malpractice, and by the additional medical treatment made necessary by it, and
• the patient's mental distress, anxiety, fear, and other non-physical effects resulting from the malpractice.

Putting a dollar value on pain and suffering can be a challenge, but it's common for insurance companies and attorneys to use a "multiplier" alongside the total cost of additional medical care made necessary by the malpractice. Learn more about pain and suffering in a medical malpractice case.

Keep in mind that in a medical malpractice case, general damages aren't meant to compensate for (and in fact need to be distinct from) the patient's health problems as they existed before the malpractice occurred.

What Are "Special Damages" in Medical Malpractice Cases?

Special damages (also called "economic" damages) cover the more quantifiable, financial impacts of the medical malpractice, including:

• medical bills
• the anticipated cost of medical care that will be necessary in the future because of the malpractice
• time missed at work, or other income lost (or financial opportunities missed) because of the patient's harm, and
• any long-term effects on the patient's ability to earn a living in the future.

Although there is often some guesswork involved, particularly when it comes to future medical expenses, special damages are typically more exact than general damages.

An expert witness might testify (give evidence) about the types of consequences that typically follow from the kinds of injuries or medical complications suffered by the patient. If the patient is relatively young and will be impaired long term, expert financial testimony about how to estimate the value of lost earning capacity may be necessary.

Are Punitive Damages Possible in Medical Malpractice Cases?

In some rare circumstances, an injured patient may be able to recover punitive damages as part of a medical malpractice lawsuit. The rules on when punitive damages might be available vary from state to state, but they're always meant to punish the wrongdoer for conduct that goes far beyond mere negligence and toward:

• reckless behavior that is almost certain to cause injury to others, and/or
• conduct that shows an extreme disregard for the safety of others.

For example, punitive damages might be possible if it can be shown that a doctor intentionally left a sponge in a patient during surgery, to make sure that a second surgical procedure (to remove the sponge) needed to be performed (and billed).

The exact amount of punitive damages is up to the judge or jury, but judges typically have leeway to reduce an excessive award.

How Much Is My Medical Malpractice Lawsuit Worth?

As we mentioned earlier, there's no accurate way to determine the value of a medical malpractice lawsuit without knowing a whole host of details. And even then, it's still something of a guessing game. But the nature and extent of an injured patient's damages typically drive the value of their potential medical malpractice case, and other considerations matter too. The specific factors that carry the most weight when figuring out how much a patient's claim might be worth include:

• the nature of the health care provider's mistake; is it obvious that the provider fell short of acceptable medical standards when treating the patient, and do all parties agree on fault?
• the extent of additional medical treatment that's now necessary to correct the health care provider's mistake
• the likelihood that the patient will experience long-term or even permanent effects because of the health care provider's mistake, and
• the availability (and extent) of medical malpractice liability insurance coverage to pay for the full spectrum of the patient's damages.

What's the Average Medical Malpractice Settlement?

Most injury-related insurance claims and lawsuits settle at some point, meaning the injured claimant typically gets something in the way of compensation from the at-fault party. But compared with, say, car accident cases, medical malpractice claims are notoriously difficult to win, and it's not uncommon for an injured patient to come away with nothing.

Every medical malpractice case is unique, so it's impossible to know whether a specific case will settle, and if so, what the average settlement amount might be. There are far too many variables at play. Many of these cases come down to a so-called "battle of experts," with the patient's side arguing that the health care provider fell short of the appropriate medical standard of care when treating the patient, and the provider's team arguing that the care provided was more than adequate under the circumstances.

All of this is why it's crucial to have an experienced medical malpractice lawyer on your side, to make sure you put your best case forward.

Keep in mind that a medical malpractice case can settle at any point, even before a lawsuit is filed. Once the parties do go to court, the case will proceed along a fairly predictable timeline, but settlement is possible at any stage. Learn more about filing a medical malpractice lawsuit.

Are There Caps on How Much a Medical Malpractice Plaintiff Can Get?

The majority of states have passed a law that places some sort of limit or "cap" on the amount of damages an injured patient can recover in a medical malpractice case.

A few states put a cap on the total amount a medical malpractice plaintiff can receive, across all categories of damages. Most states cap only "general damages," which as we discuss above means compensation for things like pain and suffering, loss of enjoyment of life, and other non-economic harm resulting from the health care provider's wrongdoing.

For example, California caps non-economic damages in medical malpractice cases. But there is no limit on economic damages, including compensation for past and future medical care, loss of past earnings, and diminished future earning capacity.

Many states also have rules that reduce the damages the doctor must pay by the amount the injured patient received from other sources like insurance. Finally, many states also have statutes that limit the amount the patient's attorney can charge for a malpractice case.

Get the details on state-by-state medical malpractice damages caps.

What Is a Medical Malpractice Case Worth If the Patient Dies?

All states have laws determining what damages can be recovered if medical malpractice results in the patient's death. The two most common avenues for financial recovery here are survival actions and wrongful death claims.

Medical Malpractice Survival Actions

Survival statutes allow the deceased patient's heirs or estate to recover damages that occurred during the time period from the initial medical malpractice to the death of the patient. These damages generally include everything allowed in a malpractice suit had the patient survived, except for damages relating to the future, like harm to the patient's earning capacity.

Medical Malpractice Wrongful Death Claims

When medical malpractice results in a patient's death, wrongful death laws can be used to ensure compensation for the patient's family members and others. The specifics of who can recover through a wrongful death case, and the kinds of losses that are compensable, depending very much on the specifics of state law. For example, a state may allow the patient's spouse and children to recover damages, but not the patient's parents (at least in the case of an adult patient).

Getting Help After a Health Care Injury

From analyzing complicated medical records to complying with special court requirements for filing a lawsuit, medical malpractice cases are complex on almost every front. Having an experienced legal professional on your side is crucial. Your lawyer (often with their trusted team of experts) will put your best case together and will navigate each step on the litigation path to ensure you get the best result.

Learn more about getting legal help with a medical malpractice case.