What’s an Average Medical Malpractice Claim Worth?

Published on Aug 26, 2022 at 5:55 pm in Medical Malpractice.

Even before reading this article, you probably already know that it’s hard to put a definitive number on the worth of the average medical malpractice claim. Medical malpractice cases, like all types of personal injury cases, vary widely in nature, scope, severity, and value.

From the most basic standpoint, the more you lost due to another party’s negligence, the more your personal injury claim should be worth. Many factors ultimately determine the value of your medical malpractice claim, including the lawyer you choose to represent you.

Belsky Weinberg & Horowitz, LLC personal injury law firm has decades of experience representing victims of medical malpractice in Maryland. We’ll use our experience to shed a bit more light on the question: What’s an average medical malpractice claim worth?

Please keep in mind that averages and past case results do not dictate the outcome of your own medical malpractice claim. If you have questions about your personal injury resulting from medical negligence, reach out to an experienced attorney at our law firm for information specific to your case.

National Statistics About Medical Malpractice Claims

Finding trustworthy medical malpractice data can be challenging. While a wealth of data exists, it’s not always clear if the available information reflects an accurate picture of what is happening in our health care systems.

We do know that medical malpractice is a major concern for patients in the United States. A few years ago, Johns Hopkins Medicine named medical error the third leading cause of death in our nation.

We’ve compiled a few national statistics to give you a general picture of the prevalence of medical malpractice, and what a plaintiff might be awarded in a medical malpractice lawsuit.

  • According to Johns Hopkins Medicine, more than 250,000 people in the U.S. die every year from medical negligence.
  • According to the National Practitioner Data Bank (NPDB), death is the most common patient outcome in medical malpractice payment reports.
  • Based on NPDB data, the average medical malpractice payout has ranged between $300,000 and $450,000 over the past few years.
  • NPDB data shows that serious injury is the costliest form of medical malpractice, more than minor injury or wrongful death.

Patients who suffer catastrophic injuries face a lifetime of costly medical bills. The average medical malpractice claim will have a much higher worth if your injuries alter your ability to work, drive a car, tend to your own basic needs, and participate in the activities you used to enjoy.

Factors That Influence the Value of a Medical Malpractice Claim

There are a few basic elements your attorney must be able to prove for any medical malpractice claim:

  • That a doctor-patient relationship existed and that the medical provider owed you a duty of care
  • That the medical provider breached the duty of care
  • That your injuries were caused by the breach of duty
  • That you suffered damages as a result of your injury

Your medical malpractice claim doesn’t have any worth until these elements can be proven. If your medical malpractice attorney is able to show that you have a legal claim for compensation, there are other factors that will influence how much your malpractice claim is worth, such as:

  • The type and severity of your injuries
  • Cost and length of treatment needed
  • The medical error that led to your injury
  • How your employment was affected by your injury
  • Other ways the injury impacted your life
  • Pain, suffering, and mental health issues you endured
  • Cost of litigation
  • Cost of hiring any expert witnesses needed to support your claim
  • State laws on damage caps
  • Whether punitive damages are applicable
  • Your medical malpractice lawyer’s skill in litigating your case
  • Whether your case settles out of court or goes to trial

Medical Malpractice Settlements and Verdicts Belsky Weinberg & Horowitz, LLC Has Won

If you take a moment to peruse some of the case results listed on our website, you can learn more about the successes we have won for victims of medical malpractice in Maryland. As no two medical malpractice cases are the same, we cannot guarantee the same results for your case, nor that your case will be valued at a similar amount to the ones we have settled and won in the past.

Reading about our victories can provide some idea of the types of cases we handle and the amount of compensation we have obtained for these malpractice victims. Included are:

  • A $5.6 million verdict for a patient who suffered nerve and spinal injuries
  • A $550,000 jury verdict for a patient who suffered permanent dysfunction of the lower lip
  • A $5 million jury verdict for a patient who fell and fractured her hip in a hospital room
  • A $675,000 settlement for a patient who suffered permanent nerve injury
  • A $250,000 settlement for a patient who fell at a hospital and fractured his femur

If you experienced an act of medical negligence that caused your injuries, we encourage you to speak with a qualified medical malpractice lawyer as soon as possible. Maryland medical malpractice claims are subject to a statute of limitations that prevents you from obtaining compensation once the deadline has passed.

The medical malpractice lawyers at Belsky Weinberg & Horowitz, LLC offer free case evaluations to discuss the merits and disadvantages of your case. During this no-obligation consultation, we will be

able to provide a straightforward assessment of your medical malpractice case and the value of your potential claim.

If we agree to move forward with your Maryland medical malpractice claim together, you can be sure we will devote our greatest efforts to securing maximum compensation on your behalf.

Do Most Medical Malpractice Cases Settle Out of Court or Go to Trial?

The majority of medical malpractice claims can be settled out of court. It’s estimated that only about 10% of these cases end up being decided in court through a judge and jury trial. Many hospitals are eager to avoid the publicity of a courtroom trial and thus agree to a settlement during the negotiation period.

However, it’s not always possible to reach a full and fair settlement through negotiations alone. That’s why the medical malpractice lawyers from Belsky Weinberg & Horowitz, LLC prepare your case for trial from the beginning. If the hospital’s insurance company won’t agree to fairly compensate you for your losses, we are prepared to take your case before a judge.

Our trial lawyers are highly experienced in the Maryland court system and have full confidence in our ability to skillfully represent you.

A Medical Malpractice Attorney Can Help Your Maryland Medical Negligence Case

Belsky Weinberg & Horowitz, LLC is a Maryland personal injury law firm specializing in complex medical malpractice cases. Our experience has taught us how to carefully navigate the intricate steps of a medical malpractice case all the way to maximum compensation for our clients.

If you’re wondering what your medical malpractice claim is worth, contact our office for a free consultation. We’ll review the details of your medical negligence case and provide a well-researched, fact-based, and honest option about the value of your Maryland medical malpractice claim.



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