What Is the Average Payout for Medical Negligence?

On This Page

1. Types of Damages in Medical Negligence Claims
2. What We Must Prove to Win a Medical Negligence Case
3. What Can I Do to Seek the Best Possible Recovery in a Medical Negligence Case?
4. Berger and Green Can Help You Begin a Medical Negligence Case

REVIEWED BY

C. William Kenny

December 12, 2023

Board certified by National Board of Trial Advocacy

We cannot say what the average payout for medical negligence is because every case is different. There is no typical or flat rate amount a person can expect to receive for a medical negligence lawsuit. Medical negligence settlements or awards vary according to the injuries involved, the cost of treating the complications, and the liable parties in the case. 

However, you should know that you could receive compensation if a medical provider’s negligence led to your injury. To tell you more about a fair settlement range for your case, we must talk to you and investigate your situation. 

Types of Damages in Medical Negligence Claims

If we can establish that a doctor committed medical negligence, you can seek compensation for your economic and non-economic losses. 

Economic damages are losses that are easily measurable in dollars, like medical bills and lost wages. Non-economic losses are more intangible and may include disfigurement, impairment, loss of enjoyment of life, and pain and suffering.

Economic Damages

If you win your case, the doctor or hospital that harmed you will be liable for the increased expenses you experienced because of their medical negligence. They do not have to pay your bills for the underlying medical condition for which you sought treatment. 

For example, perhaps you went into the hospital for gallbladder surgery. The nurse accidentally gave you another patient’s prescription, and you had an allergic reaction to the drug. Your compensable damages would be for the allergic reaction, not for the gallbladder surgery.

Some of the economic damages you could pursue include:

• Medical costs to address the injury (i.e., additional procedures, corrective surgery, or a longer stay in the hospital)
• Increased lost wages (i.e., if your recovery time was protracted due to the injury)
• Future medical bills (i.e., physical therapy, surgeries, or other future care)

Non-Economic Damages

Non-economic damages compensate you for the intangible hardships that resulted from the injury. Although these things can be challenging to measure in dollars, these losses have value in an injury case. Your damages may include:

• Pain and suffering
• Scarring and disfigurement 
• Mental anguish

Our team understands how to calculate and prove non-economic damages. We will build evidence to show how medical negligence harmed you and inconvenienced your life.

Wrongful Death Damages

If your family lost a loved one due to a medical provider’s negligence, you can also seek compensation. Losing a loved one can entail not only emotional losses but also substantial financial difficulties. A settlement or award for a fatal medical negligence case can reflect the significant nature of a family’s losses, providing compensation for:

• Medical bills incurred before the decedent’s passing
• Funeral and burial costs
• Lost wages

What We Must Prove to Win a Medical Negligence Case

Medical negligence cases are unique forms of injury cases. We will need to compare the medical errors of your doctor or the liable hospital to a reasonable standard of care for your treatment. 

A qualified medical expert will have to sign a “certificate of merit” that confirms the doctor or provider’s actions fell outside of that reasonable standard, according to 231 Pa. CSA § 1042.3.

We will also have to prove that the harm you experienced falls within the criteria of negligence. In legal terms, negligence means that:

• A provider owed you a duty of care.
• They breached that duty of care.
• You suffered an injury and damages as a result.

What Can I Do to Seek the Best Possible Recovery in a Medical Negligence Case?

If you want to maximize your chances of a successful case, we recommend that you take the following steps:

Get Medical Attention for Your Health Complications

If you have a poor outcome after a surgery, a visit to the emergency room, or some other medical procedure, get follow-up care promptly. Doing so can help link your health complications to the negligent provider’s care. 

Then, continue to get any recommended corrective care or follow-up treatments. It may be frustrating to pay for a second round of care after your injury was caused by a provider. However, doing so can protect your case for compensation. The liable party’s representatives could claim that you worsened your injuries if you don’t seek all the care you need.

Avoid Accepting Early Settlement Offers

Should the liable party’s representatives learn about your case, they may contact you. Don’t accept a settlement offer unless you know it is a fair amount. 

Insurance companies can attempt to offer an injury victim a quick settlement, but these are often lowball offers. Get a free case review from our team to learn your options. We can help you review settlement offers, advise you of a fair goal amount for your case, and negotiate for you.

Act Promptly to Start Your Case

Begin your medical negligence case as soon as possible because:

• The statute of limitations restricts your time to file a lawsuit.
• It takes time to build a medical negligence case.
• We can start seeking the recovery you need sooner. 

Generally, you only have two years to file a medical negligence lawsuit in Pennsylvania, per 42 Pa. C.S.A. § 5524(4). If you miss the deadline, you can lose the right to hold the at-fault party financially accountable for your losses.

Berger and Green Can Help You Begin a Medical Negligence Case

Medical negligence cases are complicated types of injury cases. Still, don’t let this hold you back from seeking our lawyers’ help. We can tell you more about how we seek a payout for medical negligence and discuss your next steps. 

If you think that you or a loved one might have been the victim of medical negligence, you can call Berger and Green today at (412) 661-1400. We offer free consultations with no obligation.