How Much Is the Average Medical Negligence Claim?

You'll see around $350,000 as the average medical negligence payout in some published estimates. Treat it as a rough reference, not your claim's value. That figure gives an incomplete picture, according to the article “What Is the Average Settlement for Medical Malpractice”. You'll find an average of $348,065 for 2018 in another article. Don't treat it as current.

You can't get a reliable average for patients across the United States and Canada from either figure. If your family needs to know what's left after deductions, neither figure answers that question, though it may matter more than the settlement amount.

What the published averages actually tell you

Check when and where the payments were made before you rely on their average. If a figure is called a “lawsuit payout”, check which payments went into it; you can't assume it represents an average settlement offer.

Because large payments raise the average, a typical patient may receive less than the published figure. Without the payment data behind these figures, you can't count the claims that ended above the average or those below it. The figures don't show how many claims paid nothing, either.

Ask for a valuation, not an online calculator

The article “How Are Medical Malpractice Settlements Calculated?” says there's no medical malpractice calculator. Don't lose sight of that point. Unless a website explains how its number connects to the medical care you received, that number doesn't tell you much.

Before a lawyer can value your claim, what would they need to review? Once you've shared your chart and described what happened, ask which records the lawyer would use to connect your care to the harm you're describing. What still needs checking?

How much have you spent because of the care? To help the lawyer assess those costs, ask if they need treatment bills or missed-work details, and how they'd assess continuing care. Look at each amount separately; a national average isn't something to add to it.

You can read more on our medical malpractice page. To find out which filing rules or recovery limits apply to your claim, ask a lawyer in your state or province to explain them. Don't treat this general information as legal advice for you.

The settlement amount and your take-home amount

You may keep less than the settlement amount you're quoted. Before counting on the proposed payment, ask for a written calculation showing every deduction that would be taken from your share. The published averages above don't show what gets deducted.

With only this information, any estimate of your share of a hypothetical $20,000 settlement would be guesswork. Start with your agreement: ask the lawyer how the attorney's fee works. If case expenses would be deducted, ask about those, then ask whether any other payments would come out of the settlement.

Whenever possible, have them give dollar amounts. A fee percentage alone won't show what you'd keep if other deductions may come out of the settlement.

Is pursuing a claim worth it?

An average payout can't decide whether you should proceed. Have the lawyer explain what supports your claim's possible value, separate from whether it's worth pursuing. Your records still need to support what you say happened, however high the estimate might be.

Before proceeding, what would you pay to investigate the case or owe if it doesn't succeed? Get those answers before proceeding. Wait to sign until you understand those terms. If the lawyer's answer depends on records they haven't reviewed, ask which ones they'd need to give you a more grounded assessment.

What to do next

As you gather records you already have, write down your treatment dates. A lawyer in your state or province can review your case with those records, including any filing deadline that applies. Have the lawyer explain an offer's value before you discuss it, and ask for a written estimate of what you'd keep.