Medical Malpractice Settlement Calculator - Estimate Your Claim Value

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Use this medical malpractice calculator to estimate the value of your claim and understand variables that influence case value. If you’ve been injured as a result of surgical errors, birth injuries, failure to treat / diagnose, or medication errors, you may be eligible to recover compensation.

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Enter the estimated total of your past and any outstanding medical bills. Include the estimated future medical expenses.

Enter the estimated value of past and future lost wages due to hospital stays, physical therapy, doctor appointments, and vacation/sick days related to recovery.

Enter the expected value for any property that was damaged as a result of the accident.

This calculator uses the multiplier method, which uses a multiplier (between 1 and 5) to calculate total economic damages. You can use these guidelines for a rough estimate:

  • 1.5x multiplier: For minor injuries like lacerations and bruising.
  • 3x multiplier: For moderate injuries like broken or fractured bones.
  • 4.5x multiplier: For long-lasting severe injuries such as organ damages, permanent disfigurement, PTSD, and nerve damage.

Note: This is not a definitive settlement figure you will obtain and is intended to provide a rough estimate of how much your medical malpractice claim may be worth.

Average Medical Malpractice Settlement Amount

The average medical malpractice settlement amount is $1,715,887 based on over 300 medical malpractice cases settled between 2019 and 2024. Data from this statistical study was provided by information from Thomson Reuters.

Average medical malpractice settlement chart (2024)
Average medical malpractice settlement chart (2024)
  • Lowest settlement ($17,500): A minor received incorrect medication from a pharmacy due to a labeling error by a temporary pharmacist. The individual, who had specific medical conditions requiring daily medication, unknowingly ingested an adult medication that contained alcohol, contrary to their medical requirements. This error went unnoticed by the parents for several weeks. The medication error resulted in injuries to the individual’s digestive system and esophagus, severely affecting their ability to eat and process liquids for an extended period. A legal claim was filed on behalf of the minor, citing negligence. The medical expenses incurred from this incident exceeded $100K.
  • Highest settlement ($28,000,000): An individual underwent a complex spine surgery at a medical facility, which was intended to address multiple herniated discs. The surgery involved an initial approach that proved particularly challenging due to the individual’s physical condition. This complexity led to inadequate visibility during the procedure, which significantly affected the surgical outcomes. Post-surgery, the individual experienced severe motor deficits and a complete loss of sensation below the upper torso, which resulted in permanent paralysis affecting the lower body. Multiple subsequent surgeries were necessary, including those to address a spinal fluid leak and infections, along with interventions for respiratory failure and nutrition. The individual filed a legal claim against the medical facility, attributing the outcomes to negligence. The claim included issues such as the failure to adequately visualize the surgical site, the decision not to adjust the surgical approach when complications arose, and the lack of additional imaging and monitoring that could have potentially mitigated the extent of the injuries. Medical expenses and compensations for the individual’s ongoing care and loss of life quality were acknowledged in the settlement.
  • Average settlement ($1,715,887): The average is calculated by summing all settlement amounts and dividing by the number of cases. While this can provide a simple numerical representation of settlement data, it can be less reliable for predicting typical outcomes. This is because the average is sensitive to extreme values; a few very high settlements can skew the average upward, making it appear as though typical settlements are larger than they actually are. This can mislead claimants about what they might realistically expect in their own cases. As such, while the average settlement amount offers a quick calculation, it does not always accurately represent the central tendency of the data due to the influence of outliers
  • Median settlement ($752,219): The median settlement amount provides a dependable measure of typical settlement values in medical malpractice cases, representing the midpoint where half of the settlements are above and half are below this figure. This approach minimizes the impact of unusually high or low settlements that might otherwise distort an average, offering a clearer and more precise indication of the compensation claimants might anticipate. In contrast, average settlement figures can be misleading, as they may be significantly influenced by outliers that do not accurately reflect the outcomes of most cases.

Note: Settlement data is intended to be used for information purposes only, and should not be used as guidelines or a guaranteed settlement amount for your medical malpractice claim.

Medical Malpractice Settlement Examples

Settlement examples under $100K

  • $120K settlement: An individual initiated a legal claim against a medical professional and the clinic where they received treatment, alleging negligence following an injection procedure. The individual was supposed to receive a vitamin B12 injection but was mistakenly given an iron injection instead. As a result of this error, the individual experienced pain and hyperpigmentation at the injection site. The claim focused on the incorrect administration of medication by the clinic’s staff, which was attributed to oversight. The individual sought compensation for personal injuries, medical expenses which exceeded $100K, and pain and suffering endured due to the incident. The medical professional and the clinic disputed the claims and denied liability for the mishap.
  • $250K settlement: An individual underwent a surgical procedure involving an open rectal resection, during which several complications occurred, including a severed ureter and subsequent leakage of urine into the abdominal and pelvic cavities. These complications led to further severe health issues, including urinary problems, critical illness neuropathy, sepsis, and metabolic encephalopathy. The individual contended that the surgeon was negligent not only in severing the ureter but also in failing to detect this error before completing the surgery. As a result, additional medical interventions were necessary, including procedures to manage the urine leakage and support breathing. The surgeon denied any deviation from the standard medical care practices.
  • $400K settlement: A wrongful death claim was filed after an individual passed away from undetected internal bleeding while under medical care. The claim involved a vascular surgeon and the medical practice, alleging negligence in several aspects of care including delayed blood transfusions, errors in reading diagnostic scans, and procedural mistakes during an angiography that was abandoned for an open procedure. The medical practice and the surgeon contested these claims, stating that consultation on the patient’s condition was delayed. The matter went to trial, where a jury found the surgeon to be minimally negligent compared to another physician who was not part of the trial. The total damages awarded were stated to be significant, but the estate of the deceased only recovered a fraction of this amount. Subsequently, the estate sought to challenge the verdict, a motion which the defendants opposed.

Settlement examples (between $100K and $500K)

  • $535K settlement: A legal claim was filed regarding a birth injury where an infant sustained permanent nerve damage in the shoulder and arm, necessitating ongoing therapy and surgery. The claim asserted that the medical professional handling the delivery mismanaged the situation when shoulder dystocia occurred, failing to appropriately recognize and address the complication, not employing proper maneuvers, and allegedly using excessive force. The legal representatives for the infant reached settlements with the medical professional and the associated medical facility. The settlements aimed to cover the substantial medical expenses and other damages linked to the infant’s long-term care needs.
  • $750K settlement: A wrongful death and survival action was initiated after an individual passed away following complications from a screening colonoscopy. After the procedure, the individual presented symptoms including rectal bleeding, abdominal cramps, and confusion, which later were identified as signs of a perforated colon during an exploratory surgery. Despite surgical attempts to address this condition, the individual developed multiple organ failures, leading to their death. The legal claim argued that the medical professionals and the facility failed to adequately recognize and respond to the signs of the complication and did not provide timely hospital admission for further evaluation. The claims encompassed allegations of medical negligence, including negligent hiring and supervision. The defense contended that the individual contributed to their own condition by not following certain medical advice. The claim was filed on behalf of the individual’s estate, which included immediate family members.
  • $900K settlement: A legal claim was initiated on behalf of an individual who underwent radiological imaging over several years at a medical center, where it was alleged that a radiologist failed to detect a breast mass. This oversight purportedly resulted in a delayed cancer diagnosis. As the cancer metastasized, the individual’s condition worsened, ultimately leading to their demise. The claim asserted that the medical professionals’ failure to diagnose the cancer at an earlier stage deprived the individual of the chance for potentially life-saving early treatment. The estate also pursued claims related to wrongful death, arguing that the delay in diagnosis and treatment directly impacted the individual’s survival prospects.

Settlement examples (between $500K and $1M)

Settlement examples over $1M

  • $1.9M settlement: An individual with a history of mental health issues was arrested and detained at a correctional facility without receiving the necessary psychiatric medication or mental health treatment despite informing the medical staff of their previous suicide attempts and hospitalizations. Over two months later, the individual attempted suicide again while in custody. The legal claim focused on the negligence and alleged indifference of the mental health care providers contracted by a university’s psychiatry department, which was responsible for delivering mental health services at the facility. The claim also criticized the overall mental health system within the facility as ineffective and pointed out the alleged negligence and indifference of the correctional staff who failed to prevent the suicide attempt. The defendants denied any wrongdoing. Ultimately, the case against one of the defendants was dismissed due to qualified immunity, but a settlement was reached with the university regents overseeing the contracted mental health services.
  • $5.25M settlement: An individual initiated a legal claim against a medical professional after discovering that the genetic material used for artificial insemination was not from a donor as promised, but allegedly from the medical professional themselves. The individual argued that there was a failure to obtain informed consent and accused the medical professional of deceit, harmful physical contact, and violating the agreement of the procedure. The individual contended that had the true nature of the genetic material been disclosed, consent for the procedure would not have been given. The medical professional denied these claims, asserting there was no evidence of ill will or personal malice in their actions, and disputed the use of their own genetic material in the insemination process.
  • $11M settlement: This case involved a medical professional and the hospital where the baby was born. During delivery, there were signs of distress that allegedly were not promptly addressed, leading to a decision against performing an immediate Cesarean delivery. This resulted in a delayed delivery, during which the individual experienced prolonged oxygen deprivation, leading to brain damage. The claim against the medical professional and the hospital staff centered on their failure to provide adequate care during the delivery. Initially, the defendants contested the claims; however, they eventually agreed to a settlement. The medical expenses and damages related to the care of the individual exceeded $100K.

How Medical Malpractice Settlements Are Calculated (with Examples)

Medical malpractice settlements are calculated based on a variety of case factors, including the severity of the injury, the extent of medical treatment required, the impact on the patient’s quality of life, and the financial losses that were incurred. The main variables used to calculate medical malpractice settlements are as follows:

Medical Expenses: This includes the cost of past and future medical treatment related to the injury, such as hospital stays, surgeries, medications, and rehabilitation.

Example: A patient undergoes a surgery where a surgical instrument is mistakenly left inside their body, leading to additional surgeries and extended hospital stays. The total cost of these medical treatments, including the initial surgery, subsequent surgeries to remove the instrument, hospital stays, medications, and follow-up care, amounts to $150,000. This amount would be included in the settlement to cover the patient’s medical expenses.

Lost Wages: If the injury has caused the patient to miss work or has reduced their earning capacity, the settlement may include compensation for lost wages and future loss of earnings.

Example: Due to malpractice, the patient is unable to work for six months, resulting in a loss of income. If the patient’s monthly salary is $5,000, the total compensation for lost wages would be $30,000 (6 months x $5,000 per month).

Pain and Suffering: This is a non-economic damage that compensates the patient for the physical pain and emotional distress caused by the injury. The calculation of pain and suffering can be subjective and varies widely.

Example: The patient experiences severe pain and emotional distress due to the surgical error and subsequent treatments. Considering the intensity and duration of the suffering, the settlement includes $100,000 for pain and suffering.

Punitive Damages: In some cases, if the malpractice was particularly egregious, punitive damages may be awarded to punish the responsible party and deter future misconduct.

Example: The malpractice was a result of gross negligence by the surgeon, who was found to be under the influence of alcohol during the surgery. The court awards punitive damages of $200,000 to punish the surgeon and deter similar conduct in the future.

Life Care Costs: For serious injuries that result in long-term or permanent disability, the settlement may include the cost of future care, such as home modifications, assistive devices, and ongoing medical treatment.

Example: The patient is left with a permanent disability that requires ongoing medical care, home modifications, and assistive devices. The estimated cost of these future expenses is $250,000, which is included in the settlement to ensure the patient’s long-term care needs are met.

Loss of Consortium: If the injury has affected the patient’s relationship with their spouse or family, compensation may be awarded for loss of companionship or support.

Example: The patient’s injury has severely impacted their relationship with their spouse, leading to a loss of companionship and support. The settlement includes $50,000 for loss of consortium to compensate the spouse for this impact on their relationship.

All of the examples combined above would result in a medical malpractice settlement totaling approximately 780,000, which can be broken down into the following variables:

  • Medical Expenses: $150,000
  • Lost Wages: $30,000
  • Pain and Suffering: $100,000
  • Punitive Damages: $200,000
  • Life Care Costs: $250,000
  • Loss of Consortium: $50,000

It’s important to note that these are just examples, and the actual amounts can vary widely based on the specifics of each medical malpractice case. To get an accurate settlement calculation, consult a medical malpractice attorney to determine if you have a strong claim and what compensation you may be eligible to receive.

It’s important to understand that each medical malpractice case is unique, and the method used to calculate a final settlement will depend on many unique variables of your case. Consulting with a medical malpractice attorney can help ensure that you receive a fair settlement.

Getting started with your medical malpractice claim 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 malpractice.

Frequently Asked Questions

What’s the average medical malpractice case worth?

The average payout for a medical malpractice settlement can vary widely depending on factors such as the severity of injuries, the extent of negligence, and the jurisdiction in which the case is filed. In general, settlements can range from tens of thousands to several million dollars.

For cases involving minor injuries or less severe negligence, settlements might fall in the range of $50,000 to $200,000. For more serious cases involving significant injuries or egregious negligence, settlements can easily exceed $1 million, with some exceeding $20 million.

How long will my medical malpractice case take to settle?

The duration of medical malpractice settlements can vary significantly based on various factors, including the severity of injuries, the length of medical recovery, the complexity of the case, and the number of parties involved. On average, medical malpractice cases can take anywhere from 18 to 24 months to settle, but this is just a general range.

Cases involving minor injuries and clear liability may be resolved more quickly, potentially within 12 to 18 months. However, more complex cases with severe injuries, disputed liability, or multiple parties involved can take several years to reach a settlement. It’s not uncommon for some medical malpractice cases to take 3 to 5 years or potentially longer, especially if the case goes to trial.

It’s important to note that each case is unique, and the time frame for settlement can vary widely depending on the specific circumstances of the case. An experienced medical malpractice attorney can provide a more accurate estimate based on the details of your situation.

How long do I have to file a medical malpractice claim?

The time limit to file a medical malpractice claim, known as the statute of limitations, varies from state to state. In general, most states have a statute of limitations ranging from 1 to 3 years from the date of the incident or the date when the injury was discovered or should have been discovered.

Because the statute of limitations can vary significantly depending on your state’s laws, it’s crucial to consult with a local medical malpractice attorney as soon as possible to ensure that your claim is filed within the appropriate time frame. Failing to file within the statute of limitations can result in the loss of your right to seek compensation.

⚖️ 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.

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We use settlement calculators to help individuals estimate how much compensation they may receive from their personal injury claim. We partner with law firms throughout the United States to help produce the most accurate results. Our content and calculators are created with the help of top-rated attorneys and legal professionals.