Average Medical Malpractice Settlement (2024 Case Data & Examples)

The average medical malpractice settlement in the United States is $1,689,901 while the median settlement is $750,000, which better represents the typical settlement amount. This data is based on 635 cases recorded by Thomson Reuters in the last 5 years (between 2019 and 2024).

• Median settlement = $750,000: The median settlement amount is the value that falls in the middle of the data set when all settlement amounts are arranged in order from lowest to highest. This means that half of the settlements are below the median value, and half are above it. The median is often used to represent a typical settlement amount, as it is less affected by extreme values or outliers than the mean (average).
• Average settlement = $1,689,901: The average settlement is the sum of all medical malpractice settlement amounts divided by the total number of settlements in the study (635). It represents the average dollar amount paid out across all cases, providing a general sense of the overall level of compensation. As noted above, the average can be skewed by particularly large or small settlements, so it may not always reflect the most common settlement experience.
• Highest settlement = $32,000,000: An infant reportedly suffered severe malnutrition and an anoxic brain injury, resulting in diagnoses of hypoxic ischemic encephalopathy, cerebral palsy, spastic quadriplegia, seizures, cortical visual impairment, and dysphagia with oral motor impairment. Concerns were raised multiple times about the infant’s well-being, including inadequate diet and exposure to harmful conditions. A social worker from the county determined that the infant was malnourished, and a safety plan was implemented, leading to an initial improvement in the infant’s health. However, the infant’s condition reportedly worsened after the safety plan ended. Subsequent reports of neglect and malnutrition were not followed up on for several months. The claim contended that the Child Welfare Services Division failed to conduct a timely investigation as required, leading to the infant’s severe and lasting injuries.
• Lowest settlement = $4,000: An individual developed a fever and an earache and was prescribed an antibiotic. When a parent went to pick up the prescription, the medication was mistakenly filled with a beta blocker instead of the intended antibiotic. The next day, the individual still had a fever, earache, and experienced symptoms such as grogginess, lightheadedness, dizziness, and later developed a rash. The pharmacy involved agreed to a settlement of the personal injury claim.

Average settlement by area of operation

Average settlement by occupation

Medical Malpractice Settlement Examples

• $100K settlement: An individual incarcerated in a federal correctional institution suffered a leg injury during an altercation with another prisoner. The injury, a displaced fibula fracture, went undiagnosed for approximately six weeks, leading to a worsening condition. Upon the individual’s release, it was indicated that the fracture was permanent. A lawsuit was filed under the Federal Tort Claims Act, alleging that the correctional facility’s staff failed to properly diagnose and treat the leg fracture, including not administering appropriate diagnostic tests, failing to restrict the individual’s activities, and not performing necessary surgery. After the individual’s passing, their surviving minor child continued the legal action. The defendant denied liability, arguing that the individual’s own actions contributed to the injuries and disputing the nature and extent of the claimed damages.
• $300K settlement: A wrongful death and survival action was brought after an individual passed away from rectal cancer that had metastasized to the liver and brain while under the care of a healthcare provider. The estate claimed that a colonoscopy performed earlier was interpreted as consistent with diverticulitis, with no further testing ordered. It wasn’t until a subsequent colonoscopy that signs of rectal cancer were communicated to the patient. The estate argued that the healthcare provider was negligent in not ordering appropriate testing, including a biopsy, after the initial colonoscopy, thereby allowing the cancer to progress unchecked. They also contended that the provider failed to offer reasonable medical treatment, did not refer the patient to a specialist in a timely manner, and did not meet the proper standard of care. The defendant denied liability, asserting that all necessary duties were performed and raising several affirmative defenses. The case was settled for $300,000, with the amount evenly split between the wrongful death and survival actions. The individual was survived by a spouse and two adult children. Prior to the settlement, a jury had returned a verdict in favor of the defendant.
• $600K settlement: An individual who had given birth about a year earlier was referred to a medical center for an MRI of the brain to check the pituitary gland due to ongoing lactation after stopping breastfeeding. A radiologist reviewed the MRI, noting that the pituitary gland was normal but reportedly missed diagnosing a Chiari I malformation and did not provide recommendations regarding a possible syringomyelia. The patient was informed that the pituitary gland was normal and that there were no concerns, and the lactation issue resolved on its own. Over a year later, the individual experienced loss of feeling in the right foot and leg, leading to further MRIs that diagnosed Chiari I malformation and syringomyelia. Surgery was recommended and subsequently performed. The individual claimed to suffer permanent loss of sensation in the right foot and leg, gait issues, increased fall risk, and pain and burning in the hands and arms. Additionally, the individual’s spouse and minor child claimed a loss of consortium.
• $800K settlement: An individual with a medical history that included diabetes and cardiomyopathy underwent a procedure to have a Mediport placed into the jugular vein for anticipated chemotherapy. During the procedure, anesthesia was administered and monitored, leading to the closure of the airway and subsequent cardiac arrest. The individual suffered catastrophic brain damage and later passed away. The estate claimed negligence in over-sedating the individual, failing to establish an airway, and not recognizing the individual’s inability to maintain their own airway. The case also involved a wrongful death claim.
• $900K settlement: A wrongful death action was brought after an individual, who was pregnant and experiencing nausea, vomiting, and abdominal pain, sought treatment at a hospital. The individual was diagnosed with hyperemesis gravidarum and discharged, but tragically collapsed at home due to a fatal cardiac arrest a few days later. The estate claimed that the healthcare providers failed to admit the individual for further evaluation of ongoing abdominal pain, did not consult with the obstetrician about the condition, and neglected to order essential laboratory tests and monitor blood pressure. The case was settled, and the individual was survived by a spouse and a minor child.
  

Factors That Affect Medical Malpractice Settlement Value

Several variables can affect the value of a medical malpractice settlement. Here are some key factors, along with descriptions and examples:

Severity of Injury: The more severe the injury, the higher the potential settlement value, as compensation must account for long-term impacts, ongoing care, and the reduction in quality of life.

Clear Evidence of Negligence: Strong, clear evidence of negligence can increase the likelihood of a higher settlement because the case against the healthcare provider is more convincing.

Impact on Earning Capacity: If the injury diminishes the individual’s ability to work, the settlement may include compensation for lost wages and future earning potential.

Medical Expenses: Higher medical expenses associated with treating the injury typically result in a higher settlement to cover these costs.

Pain and Suffering: The greater the pain and suffering, the higher the potential compensation for these non-economic damages.

It’s important to understand that there are many variables that can affect how medical malpractice settlements are calculated. The above are just common case factors that often play a role when determining the final settlement amount. To get an accurate estimate, consult a medical malpractice attorney to better understand the potential value of your case.

Maximize Your Settlement With Help From A Medical Malpractice Attorney

It’s important to understand that each medical malpractice claim is unique, and how much your case is worth will depend on many factors. Consulting with a medical malpractice attorney can help ensure that you receive a fair settlement.

Getting started with your case is easy. Just request a free case evaluation online, and a legal team in our network will reach out to you regarding your case. Our network of attorneys includes a team of over 250+ legal professionals throughout the United States with over $1 billion recovered for clients, including those who have suffered injuries as a result of medical negligence and malpractice.

⚖️ All of our attorneys work on a contingency fee basis, meaning there are no upfront legal fees or costs — you only pay if you win.

Frequently Asked Questions (FAQs)

How are medical malpractice settlements calculated?

Medical malpractice settlements are calculated by assessing the economic damages, such as medical expenses and lost wages, and non-economic damages, like pain and suffering. Factors like the severity of the injury, the impact on the patient’s life, and potential future costs are considered, along with any caps on damages that might apply in the jurisdiction.

What is the basis for a medical malpractice claim?

To prove medical malpractice, you must establish four key elements: (1) a doctor-patient relationship existed, (2) the healthcare provider breached the standard of care, (3) this breach directly caused an injury, and (4) the injury led to specific damages, such as medical bills, lost income, or pain and suffering. All four elements must be proven for a successful malpractice claim.

What are the odds of winning a medical malpractice lawsuit?

Approximately 10% to 20% of the claimants with low-odds claims receive a settlement, and roughly the same fraction of patients with strong evidence of negligence don’t receive a settlement.