Understandably, victims of medical malpractice are concerned about what happens next. How will your medical bills get paid, and what about future treatments or compensation for your inability to work?
One of the most common things potential clients want to know is the average amount for medical malpractice settlements. However, the nature of medical malpractice cases in Florida makes it hard to pinpoint an average settlement amount. Every case has unique circumstances—ranging from the type of malpractice and severity of injuries to the calculation of damages and insurance limits. These individual factors play a crucial role in evaluating medical malpractice cases.
Read on to learn more about the factors that impact medical malpractice settlements in Florida. We’ll also share settlement amounts for real-life cases we have resolved for clients.
The Complexity of Calculating Medical Malpractice Settlements
To better understand how to determine your case value, it’s crucial to look at the factors influencing whether your claim is worth more or less.
The Nature of Medical Malpractice
Medical malpractice occurs when healthcare professionals deviate from the standards of their profession, causing harm to patients. These cases can arise from various situations, such as surgical errors, misdiagnoses, medication mistakes, and inadequate patient care. The more egregious the malpractice, the more your case might be worth.
Severity of Injuries and Harm
The severity of your injuries is the primary factor in determining settlement amounts. More severe injuries often result in more medical treatment, longer recovery times, and worse pain and suffering. Cases involving permanent disability or catastrophic outcomes, such as brain damage or death, typically see higher settlements.
Economic and Noneconomic Damages
Settlements in medical malpractice cases may include both economic and non-economic damages. Economic damages cover tangible losses like medical bills, lost wages, and future medical care. Non-economic damages compensate for pain and suffering, loss of enjoyment of life, and emotional distress. The balance and extent of these damages significantly influence the final settlement figure.
Comparative Negligence
Your settlement can be affected by the percentage of liability that you share. If you contributed to your injury, the medical provider may not be liable for 100% of your damages. That is why you could have two similar medical malpractice injuries and damages but have entirely different settlement results.
Consider a scenario where two medical malpractice victims have $500,000 in damages. In one scenario, the medical provider is 100% at fault. In the other case, the jury says the victim was 60% at fault for their injuries. That means the maximum compensation the second victim would receive is $200,000.
Insurance Coverage Limits
The available insurance coverage also affects settlement outcomes. Healthcare providers and institutions typically have malpractice insurance, but these policies have limits. The available coverage can cap the settlement, regardless of the damages sustained by the victim.
Real-Life Settlement Examples
To illustrate the variability in medical malpractice settlements, let’s consider a few cases handled by James Horne Law PA:
- $1,500,000 settlement. A newborn suffered catastrophic injuries within hours of birth. We negotiated a sizable settlement to help the family.
- $625,000 settlement. A patient became almost immediately blind after a retinal surgery mishap. The wrong concentration of gas was injected, which led to near-immediate blindness.
- $510,000 settlement. A missed spinal infection necessitated an aggressive, life-saving spinal procedure. Delays in diagnosis like this can lead to severe health crises.
- $250,000 settlement. This case involved the failure to diagnose a severed artery behind the knee. We negotiated a 250K settlement on behalf of the client.
These four cases represent how different the outcome can be for a medical malpractice lawsuit. If you believe you have a valid medical malpractice claim, please contact our office to schedule a consultation and let us help evaluate your case.
Why There’s No “Average” Settlement
Attempting to pinpoint an average settlement amount for medical malpractice cases in Florida is useless. The broad spectrum of medical errors and the unique impact on each victim make every case distinct. While these examples above provide a glimpse into potential medical malpractice settlement ranges, they underscore the variability inherent in medical malpractice litigation.
Contact a Florida Medical Malpractice Lawyer
Navigating a medical malpractice claim requires a deep understanding of the multifaceted nature of these cases. Understanding the malpractice’s severity, its long-term effects on the victim, and the extent of the overall damages is crucial.
Hiring the right Florida medical malpractice lawyer can make all the difference. You need a lawyer who is unafraid to take your case to trial and can build a solid malpractice case. At James Horne Law PA, we have years of experience representing clients for medical negligence. We know what it takes to go up against these medical providers and their malpractice insurance companies.
We approach each case with a deep commitment to securing the justice and compensation our clients deserve. If you or a loved one has been affected by medical negligence, contact us to schedule a free, no-obligation consultation. We’ll happily review your case and discuss the best action to hold the negligent medical provider accountable.
James “Jay” Horne is an AV-Preeminent rated aggressive litigation attorney, who focuses his practice on medical malpractice, personal injury and family law matters. He has successfully represented clients from case inception through trial and appeals in state and federal court. Jay was born and raised on the Suncoast. He is married and proud father to a one year old son. In his free time, he enjoys traveling, golfing and distance running during the cool months.
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