What is the average settlement for Medical Malpractice?

Posted in: Medical Malpractice | Sep 08,2021


The average settlement for medical malpractice isn’t easy or useful to define because each case is so different. If you read the news, medical malpractice cases sometimes take the headlines with eye-popping damages awarded with verdicts. These verdicts are meant to not only try to compensate the harmed party, but also to punish the negligent party or parties, and to deter present and future members of the medical community from engaging in that specific behavior ever again. 

Medical malpractice is negligence committed by a professional health care provider resulting in harm to a patient or patients. To have a case, it’s key that each of the following has occcurred: (1) negligence (a violation of a standard of care), (2) committed by a professional, (3) causing serious injury that (4) results in significant damages or hardship that would not have occurred otherwise.

As you can imagine, there are multiple dimensions for a judge and jury to consider in a medical malpractice case. Your attorney needs to understand the complexities and nuances of your case. There is a wide range of cases within the Miller Montross medical malpractice portfolio including clinical misdiagnosis, childbirth injuries, anesthesia errors and injury exacerbated by mistreatment. These are just a few examples of cases Miller Montross has negotiated or taken to court and won. The verdicts range from $744,000 to $3.7 million.

Looking at our previous cases may give you a sense for the dimensions that determine the value of a verdict. You may even see a case similar to your own that helps you answer the question, “Do I have a case?” To answer “how much is my case worth?”, we can outline a brief list of the most common factors that determine the value of a medical malpractice claim: 

  • Past and future medical bills caused by the malpractice
  • Past and future lost wages
  • Permanent impairment
  • Pain and suffering
  • Emotional injury 
  • If death, the loss of love, affection and companionship of a deceased loved one
  • If there is a minor child, loss of parental guidance

Indiana Medical Malpractice Law. Who Pays? 

Under Indiana law, the defendant and the insurance carrier are responsible for the first $400,000 of damages. The Indiana Department of Insurance is responsible to pay for any additional damages up to a maximum of $1,250,000. If a jury were to award a higher amount, the judge will automatically reduce the award to the statutory maximum recovery of $1,650,000.