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What is the Average Settlement for a Medical Malpractice Lawsuit?

May 28, 2020 | Medical Malpractice

As a society, we depend on medical professionals to keep us healthy. They help us through emergencies, treat chronic illnesses, and help prevent us from getting sick. However, there are times when medical professionals make mistakes and cause significant patient harm. It is vital that victims of medical malpractice recover compensation when they are harmed due to healthcare provider negligence.

How Much Compensation do Victims Receive for Medical Malpractice Claims?

According to researchers at Johns Hopkins University, medical mistakes are the third leading cause of death in the United States, killing approximately 250,000 people each year. Millions more are injured and left suffering due to these errors.

However, understanding how much compensation a victim will receive if their claim is successful can be complicated. There is no standard amount awarded in damages to victims of medical malpractice. Instead, the total amount of compensation a victim receives will depend on the specific factors and evidence relating to their particular case. It is important to look at the different types of compensation that a victim could receive for their claim.

Medical Expenses

The more serious the medical mistake, the more likely victim is to incur extensive medical bills as a result of efforts made to correct the error. This could include extended follow-up care such as surgeries, physical therapy, and more. Medical expenses can also include any prescription medications or medical devices needed to aid in the patient’s recovery.

Lost Income

In many cases, a victim of medical malpractice will be unable to work while they recover, and they should be fairly compensated for their lost income. Some victims may never be able to return to work due to the medical mistake, while others may incur a diminished earning capacity due to a disability caused by the medical mistake.

Pain and Suffering Damages

Victims of medical mistakes are very likely to suffer from various types of pain and suffering due to their injuries. This can include physical pain caused by the mistake as well as emotional and psychological trauma. Victims of medical malpractice may suffer from anxiety, depression, anger, and even post-traumatic stress disorder (PTSD). Medical malpractice victims may not be able to enjoy daily activities anymore, and they should be fairly compensated for their losses.

Are There Caps on Medical Malpractice Damages?

In West Virginia, the law places a cap of $250,000 on non-economic damages for medical malpractice cases. This includes compensation for pain and suffering, emotional distress, and loss of personal enjoyment damages. This damage cap is raised to $500,000 if the medical mistake resulted in permanent or serious disfigurement, an injury that permanently prevents the victim from being able to care for themselves, or wrongful death.

However, there is no cap in place for compensation on damages for medical expenses and lost income or any other calculable expenses related to the medical mistake.

If you or a loved one have been injured due to the negligence of a medical professional, contact a Martinsburg medical malpractice lawyer from Manchin Ferretti Injury Law today. We will thoroughly investigate your case in order to secure any compensation you are entitled to. Our goal is to make sure you receive maximum compensation so you can gain some closure and start a new chapter. You can contact us for a free consultation of your case by clicking here or calling (304) 944-0577.