If you or a loved one is injured due to medical negligence, there is the possibility that your medical malpractice case may settle out of court.
Determining the amount of a potential out of court settlement is not simply a matter of inputting information into a calculator.
Instead, many case-specific factors influence the compensation you may be eligible for in a medical malpractice case.
Types of Medical Malpractice
Common medical malpractice claims include:
- Emergency room negligence
- Surgical errors
- Medication errors
- Birth injuries
A patient’s injuries from malpractice can range from temporary illness to death.
Determining the Amount of a Medical Malpractice Settlement
In order to determine the amount of a potential medical malpractice settlement, one must look at the nature of the malpractice as well as the claimed damages.
In Maryland, injured patients can recover both economic and non-economic damages.
Economic damages include:
- Past and Future Medical expenses
- Lost Household Services
- Lost Wages.
Non-economic losses, which are more subjective, include pain and suffering and emotional distress.
Maryland caps non-economic damages at a particular amount depending on when the injury occurred.
For example, for causes of action which arise on or after January 1, 2022, non-economic damages are capped at $860,000.
If a wrongful death action is filed with two or more beneficiaries, depending on the year of the alleged malpractice, the non-economic damages cap is 125% of the applicable cap for that year.
Factors Involved in Calculating a Medical Malpractice Settlement
Medical malpractice damages are case-specific.
Determining whether the amount of a potential medical malpractice settlement is fair includes consideration of the nature of the malpractice as well as the extent and duration of the injuries, among other factors.
Contact Our Medical Malpractice Attorneys for Your Medical Malpractice Case
In order to determine a fair amount of a potential medical malpractice settlement, you need experienced attorneys who can assess the value of your claim.
At Baird Mandalas Brockstedt & Federico, LLC, we have decades of experience litigating Maryland medical malpractice claims.
Contact us today to see how our experienced and award-winning attorneys can help you.