What is the average payout for medical negligence?

You, understandably, want an estimate of the potential settlement or trial value of your case. Here is factual information to help you better understand the range of potential payouts you might receive in a medical malpractice settlement or a verdict.

According to a 2019 medical malpractice payout report, analysis conducted by the National Practitioner Data Bank, the information recorded in detail for all states disclosed that:

  • The average Florida malpractice payment was estimated at $268,466.
  • The national average malpractice payment was estimated at $348.065.

The Law Offices of Sean M. Cleary's average is easily more than these amounts.

Just as medical conditions present differently from one person to the next, a malpractice payment is unlikely to be the same between patients. Negligence may be a missed diagnosis or a botched surgery, and each case results in varied harm or injury to the patient. According to the same analysis, these are the average payment amounts by the severity of the alleged outcome:

  • Quadriplegic, brain damage, lifelong care: $961,185
  • Major permanent injury: $610,393
  • Significant permanent injury: $450,356
  • Death: $386,317
  • Minor permanent injury: $242,524
  • Major temporary injury: $227,063
  • Emotional injury only: $128,821
  • Outcome unknown: $128,489
  • Minor temporary injury: $87,252
  • Insignificant injury: $40,030

Florida registered a number of 1,292 payments over the course of one year, which totaled $346,857,750. Because the variations among injuries are so broad, cases for malpractice compensation can range anywhere from several thousands of dollars up to many millions of dollars in the most severe cases. The amount of compensation for medical malpractice differs from one state to another.

There is a calculation formula to determine the value of a medical negligence claim filed by the victim, which establishes the amount of money as the sum between:

  • Past and future economic damages – can be accurately calculated and include medical and hospital expenses, loss of earnings, etc.
  • Past and future non-economic damages – cannot be precisely determined and apply to the pain and suffering caused by the injury.

Of course, it is challenging to estimate what these numbers will be for the jury. The majority of payments (96,5%) were the result of out-of-court settlements, while the rest (3.5%) resulted from judgments. There are no longer caps on the amount a plaintiff can receive from a medical malpractice lawsuit in Florida. You can read more about the basic laws for Florida Medical Malpractice Damage Caps at Fla. Stat. Ann. 766.118.

How can The Law Offices of Sean M. Cleary help you?

Medical malpractice cases are complex, and the lawyer your hire matters. That's why you need a skilled Florida medical malpractice attorney to fight for you. If you want to ask questions and explore your potential claim, our legal team will discuss your available options with you at no charge.

If you, or a loved one, have been the victim of medical malpractice or to get more information on the value of your medical negligence claim, contact our lawyer today for a free consultation. You are entitled to damages for the injuries you suffered due to medical errors, and an experienced attorney can make a significant difference in the success of your case.

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.