Medical malpractice cases are complicated and highly fact-specific. While most victims want to know the average settlement for a medical malpractice case, the answer depends on the circumstances of the case.
At Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., we are more focused on delivering results for your specific case and issues rather than settling for what’s average. If you or a loved one was injured due to the negligence of a healthcare provider, contact our experienced medical malpractice law firm to find out what your case might be worth.
What Are Average Medical Malpractice Settlements?
It is highly challenging to define what the average medical malpractice settlement in the United States amounts to. Medical malpractice cases are complicated. The value of a claim can be significantly impacted by the circumstances of the event and the severity of a person’s injuries due to the carelessness of the physician or medical facility.
Some statistics suggest that the average payout for medical malpractice cases is around $350,000. However, this number represents an incomplete picture. Settlements for medical malpractice cases can range anywhere from tens of thousands of dollars to millions, depending on the case.
At Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., we don’t want you to settle for average. We carefully examine the facts in your unique case and work to recover maximum compensation for your financial losses and injuries.
Factors That Affect the Value of Medical Malpractice Cases
There is no medical malpractice settlement formula. Every case is different. Several different factors can affect the value of a medical malpractice case. Some of the most common factors that can play a role in determining settlement value include:
- The severity of your injuries and the extent of your medical care
- The circumstances surrounding the medical mistakes
- Whether you suffered permanent injuries
- Lost income
- Loss of future earning capacity
- Provable losses
- Whether your medical malpractice case ends in settlement or trial
While many states cap or limit how much victims can recover for intangible losses like pain and suffering in a medical malpractice case, Pennsylvania is not one of them. Currently, the state does not cap any non-economic or economic damages the court may award.
Common Causes of Medical Malpractice Claims
Not all medical errors rise to the level of medical malpractice. The most vital question to establish whether a case involves medical malpractice is this: “Would a similarly trained and experienced medical professional offer the same care under similar circumstances?” When the answer is “no,” a medical provider may have violated the applicable medical standard of care and committed medical malpractice.
Some of the most common causes of medical malpractice injuries include:
- Substandard care
- Failure to diagnose
- Misdiagnosis
- Errors in reading laboratory results
- Ignoring or dismissing laboratory results
- Failure to treat a condition
- Delayed diagnosis
- Surgical errors
- Medication errors
- Prescription drug errors
- Failure to warn of potential side effects or results of a medication or procedure
- Performing unnecessary surgeries or procedures
If you are concerned that you suffered harm because of a careless practitioner or medical facility, discuss your situation with an experienced Pennsylvania medical malpractice attorney as soon as possible.
Damages You Can Recover in a Medical Malpractice Case
An experienced attorney can help calculate the fair settlement value of your medical malpractice claim. While the actual dollar amount can vary depending on the unique circumstances of your situation, in most cases, individuals can pursue compensation for:
- Medical bills you incurred to treat the healthcare provider’s mistake
- Future medical expenses
- Rehabilitation costs
- Prosthetic or medically necessary devices
- Lost wages
- Future lost wages
- Long term disability
- Reduced quality of life
- Physical pain and suffering
- Mental suffering
- Emotional distress
How Working with an Experienced Medical Malpractice Attorney Can Help
Working with a knowledgeable medical malpractice attorney is the best way to pursue the compensation you deserve after a careless medical provider injures you or your family. At Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., we have the experience and resources to fight the intimidating tactics of large medical providers and insurers. We provide passionate and responsive legal representation and sound legal advice to help you handle the situation and achieve the most favorable outcome possible.
Our legal team helps you by:
- Investigating the circumstances of the incident or medical error
- Collecting and preserving medical records and other vital evidence before it can be lost or destroyed
- Seeking the assistance of experienced medical professionals and expert witnesses
- Taking the time to build a solid case based on the evidence
- Preparing your medical malpractice lawsuit case for trial when necessary
You deserve a medical malpractice settlement or court award that covers all of the injuries and financial losses you endured because of the medical negligence. We aim to pursue that money for you. We are proud of our extensive record of delivering extraordinary results for our clients and showing individuals why retaining experienced legal counsel is valuable.
Those working with a seasoned attorney recover more than those attempting to navigate the complicated medical malpractice insurance or legal process alone. We have handled comparable cases to yours, including a case in which we secured a $15 million jury trial verdict for a boy who suffered kidney damage due to medical malpractice and $14 million for a woman who suffered a spinal cord injury after a delayed MRI. We can fight for the compensation you are due.
What Is the Deadline to File a Medical Malpractice Lawsuit in Pennsylvania?
Pennsylvania only gives medical malpractice victims two years from the date of injury, or the date the individual discovers that they have suffered an injury, to file a medical malpractice lawsuit. If you fail to file in time, you lose the ability to seek compensation through the legal system. The court can dismiss cases filed after the legal deadline has passed.
Contact Our Experienced Medical Malpractice Lawyers for a Free Consultation
Protect yourself by checking medical providers on the National Practitioner Data Bank before you undergo any medical procedure or surgery. If you suffer irreversible consequences because of the actions of a careless practitioner, contact a medical malpractice attorney from Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. When you’re suffering life’s toughest trials, we want to help you pursue total compensation for your injuries.
Request a free consultation today to discuss your case with an experienced medical malpractice lawyer.
BUSINESS INFORMATION
Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C.
1634 Spruce St, Philadelphia, PA, 19103
Phone: (215) 585-2814
Email: info@erlegal.com
