Guides

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The average sits near $350,000 in published estimates. You can't use that number to judge what your claim is worth, though, or how much you'd keep.

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Most malpractice suits settle without a trial. But that doesn't tell you if your claim will settle, or if an offer is fair.

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We can't confirm a reliable seven-item list for this malpractice-prevention phrase. If you're a patient, here's what that means.

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The reported average payout, about $458,000, can't predict what you'll settle for. What you'd take home isn't clear from that figure, either.

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One annual malpractice-claim ranking puts neurosurgeons ahead of general surgeons, who lead a separate lawsuit list. What's counted matters.

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Without duty, breach, causation and damages, a malpractice claim fails. When you examine what happened, each element asks something different.

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Consider whether a lawsuit makes sense. Before pursuing a claim, ask whether the care caused the harm and what filing could cost you.

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A missed diagnosis or the wrong medication given to a patient may constitute malpractice. Surgical errors can qualify, too. The harm must result from care below the required standard.