Medical malpractice can result in serious injury or death.
If you have been a victim of medical malpractice, you may wonder, “how much is the average medical malpractice settlement?”
It is difficult to determine the average settlement amount for medical malpractice cases because every case is unique.
Indeed, the amount of compensation a patient may receive depends on various factors.
The experienced medical malpractice attorneys at Baird Mandalas Brockstedt & Federico can explain the factors involved in determining the amount of a Maryland medical malpractice settlement.
Maryland Medical Malpractice Law
Maryland’s medical malpractice laws allow patients to hold healthcare providers accountable for injuries caused by a healthcare provider’s negligence.
Specifically, these laws allow patients to seek financial compensation for their damages if the healthcare providers do not meet the applicable standards of care.
Healthcare Providers Defined
Under Maryland law, a healthcare provider is any person or entity licensed to provide healthcare services in the state.
Health care providers can include doctors, nurses, hospitals, clinics and employees and/or agents of medical facilities.
Medical Malpractice Liability Standard
To succeed in a medical malpractice lawsuit in Maryland, the patient must prove that the healthcare provider acted negligently.
Specifically, in order to prove medical negligence, the patient must show what the standard of care required at the time the medical care was provided and that the healthcare provider did not follow the appropriate standard of care.
The patient must also establish that the breach of the standard of care caused the injury claimed and resulted in damages.
Compensation Available in Medical Malpractice Cases
Patients who bring a medical malpractice lawsuit may be entitled to several types of compensation, including economic and non-economic damages.
Economic damages essentially reimburse patients for financial losses they have suffered due to the alleged medical malpractice.
Economic damages can include compensation for past and future medical bills as well as past and future lost earnings. There is no cap in Maryland for economic damages.
Non-economic damages compensate the patient for any non-financial losses they have suffered due to the alleged medical malpractice.
Non-economic damages can include compensation for pain and suffering, loss of consortium and physical impairment.
Maryland caps non-economic damages depending on when the medical malpractice occurred.
For example, the cap on non-economic damages in Maryland medical malpractice cases for causes of action arising on or after January 1, 2023 is $875,000.00.
If there is a wrongful death claim involving two or more wrongful death beneficiaries, the cap for Maryland medical malpractice cases arising on or after January 1, 2023 is $1,093,750.00.
Average Medical Malpractice Settlement Amounts
The amount of compensation a patient may receive from a medical malpractice settlement will depend on various factors.
These factors include the clarity of the malpractice as well as the nature and extent of the injury and the amount of the economic and non-economic damages.
Average settlement amounts must be viewed cautiously, as settlement amounts can also vary per venue.
Additionally, reported average settlement amounts may vary significantly based on the practice area.
An experienced medical malpractice attorney can help you understand the types of compensation available in your specific case and assist you in seeking the maximum medical malpractice settlement possible.
Contact A Maryland Medical Malpractice Lawyer Today
If you have been a victim of medical malpractice, you need experienced and tenacious medical malpractice lawyers willing to fight for the compensation you deserve.
Our legal team at Baird Mandalas Brockstedt & Federico have decades of experience litigating medical malpractice cases.
We pride ourselves on responsiveness and direct accessibility to our clients. Contact us today.