How Much Is the Average Medical Malpractice Settlement?
Understanding “how much is the average medical malpractice settlement?” is crucial for individuals who have suffered due to medical errors. Medical malpractice occurs when a medical professional causes preventable patient injury.
At The Strom Law Firm in Columbia, SC, we provide committed representation for clients facing personal injury, criminal defense, and complex litigation, including medical malpractice cases. Once a victim begins the legal process, their primary concern is knowing what their case is worth.
Our experienced legal team is here to help you pursue the compensation you deserve and guide you through every stage of your case, recognizing that every case involves unique circumstances that can significantly affect the settlement outcome.
Understanding Medical Malpractice Settlements
Medical malpractice settlements can vary greatly depending on multiple factors, including the injury’s severity, the case’s complexity, and the medical professional’s responsibility. According to the National Practitioner Data Bank, the average medical malpractice settlement in the United States is approximately $242,000 to $348,065, with the estimated average rising to $423,000 to $425,000 in 2026. The average payout for medical malpractice cases resulting in death is about $380,300, while cases involving severe and permanent damage can range from $280,000 to $430,000.
It’s important to note that the median settlement, which is roughly $250,000 to $750,000, often better reflects typical payouts than the average, as the average can be skewed by extremely large verdicts. The highest medical malpractice payouts for catastrophic cases can average from $19.5 million to $27.5 million, and over 50% of the largest settlements were for improper performance and failure to diagnose.
State-specific figures also show variability: the average medical malpractice settlement in California is about $218,000 (with minor cases settling for around $50,000), in Maryland it’s approximately $329,565 (ranging from $10,000 to over $5,000,000), and in North Carolina, the cap for non-economic losses is set at $712,847 as of January 1, 2026. Settlements for younger victims tend to be higher due to longer projected lost wages and medical care needs. Diagnostic errors are the most frequent causes of high-value claims, and certain medical fields, such as obstetrics, often have higher average payouts due to long-term care requirements.
More than 250,000 deaths are caused by medical error each year, making it the third leading cause of death in the United States. Additionally, 96.5% of medical malpractice cases end in settlements, while only 3.5% result in court judgments. Notable high-value settlements include birth injury cases ($250,000 to $20,000,000+), stroke misdiagnosis ($1.2 million), and Erb’s Palsy ($1.3 million).
For those in South Carolina, settlements are influenced by state-specific laws and caps on certain damages.
Factors Affecting Medical Malpractice Settlements
Several critical factors can impact the amount awarded in a medical malpractice settlement:
- Nature and Extent of the Injury: The severity of the injury, including medical malpractice injuries such as spinal cord injuries or permanent disability, and the extent of necessary medical care can increase settlement amounts, especially in cases involving serious consequences.
- Economic Damages: Costs such as medical bills, rehabilitation, lost earnings (including future lost earning capacity), and future medical bills directly influence compensation. These are key components when calculating medical malpractice claims.
- Pain and Suffering: The emotional and physical pain endured by the patient is considered in determining non-economic damages, reflecting the impact of medical malpractice injuries.
- Liability: Cases with clear evidence of a healthcare provider’s failure or deviation from the standard of care, as established by the medical community, may lead to higher settlements.
- Legal Representation: An experienced medical malpractice lawyer can effectively present your case, prove negligence, and negotiate the best settlement on your behalf, navigating the complexities of medical malpractice litigation.
- Calculating Medical Malpractice Claims: There is no fixed medical malpractice settlement formula; each medical malpractice claim is unique and evaluated based on its specific circumstances. Calculating medical malpractice claims involves assessing both economic and non-economic damages, and the medical malpractice claim worth depends on the details of the medical malpractice incident and the patient’s injuries.
Comprehensive medical records and expert medical review are essential for establishing the connection between the healthcare provider’s failure and the patient’s injuries. Healthcare professionals often serve as expert witnesses, and their testimony—grounded in the standards of the medical community—is crucial in defining whether the healthcare provider met or deviated from accepted care.
The legal process for medical malpractice claims is intricate and requires expert legal guidance. Most medical negligence cases and most medical malpractice cases settle before reaching trial, with around 96% ending in settlements. The process typically involves discovery, depositions, and sometimes mediation with a neutral party. If pre-lawsuit negotiations fail, a formal lawsuit is filed, and both sides exchange detailed information, including expert testimonies. The entire process can take two to three years and requires significant patience and documentation.
Proving medical malpractice requires showing that the healthcare provider deviated from the standard of care, and that this caused the patient’s injuries. Medical malpractice payments are made as a result of settlements or jury verdicts, but jury verdicts can be unpredictable and often influence settlement negotiations. The potential compensation in medical malpractice claims can be substantial, especially in cases involving catastrophic outcomes such as brain damage, birth injuries, or spinal cord injuries—settlements for these can exceed $1 million due to the need for long-term specialized care.
Each medical malpractice incident is unique, and the circumstances of the case—including the seriousness of the injuries and the impact on the patient’s life—directly affect the medical malpractice claim worth and the potential compensation.
Our team at The Strom Law Firm in Columbia, SC, has the experience to ensure clients receive fair compensation for injuries resulting from medical malpractice. We understand the legal nuances and are dedicated to offering reliable support throughout the process.
Types of Medical Malpractice
Medical malpractice can arise in a variety of situations, each with the potential to cause serious harm to patients. Common types of medical malpractice include diagnosis errors, such as failing to identify a condition or misdiagnosing an illness, which can delay critical treatment. Surgical mistakes, like operating on the wrong site or leaving instruments inside a patient, are also frequent causes of medical malpractice lawsuits. Medication errors—such as prescribing the wrong drug or incorrect dosage—can lead to severe complications or even death. Additionally, a healthcare provider’s failure to provide adequate care, whether through neglect or lack of follow-up, can result in significant injuries and substantial medical malpractice payouts.
In all these scenarios, the healthcare provider’s failure to meet accepted medical standards is at the heart of the claim. Medical malpractice cases are often complex, requiring the expertise of medical malpractice lawyers who understand how to build a strong case and pursue fair compensation for victims. If you or a loved one has suffered due to a medical professional’s negligence, seeking legal guidance is essential to protect your rights and secure the compensation you deserve.
Finding the Right Lawyer for Your Medical Malpractice Case
Choosing a “lawyer near me” with experience in medical malpractice cases is essential for building a strong case. The Strom Law Firm has represented many clients in Columbia and throughout South Carolina, bringing justice to those affected by medical negligence. If you’re seeking a trusted medical malpractice attorney in Columbia, SC, reach out to discuss your case with our team.
Schedule a free consultation with an experienced medical malpractice lawyer to evaluate your case and discuss potential next steps.
Frequently Asked Questions The Average Medical Malpractice Settlement
What is the average settlement for medical malpractice?
The average settlement for medical malpractice varies significantly but often falls between $250,000 and $500,000. The average payout for medical malpractice cases resulting in death is approximately $380,300. However, the median settlement often better reflects typical payouts than the average, which can be skewed by extremely large verdicts. Cases involving more severe or permanent injuries can result in higher amounts.
How long does a medical malpractice case take?
Medical malpractice cases can take several months to a few years to resolve, depending on factors such as case complexity, court schedules, and the negotiation process.
Can I sue for pain and suffering in a medical malpractice case?
Yes, damages for pain and suffering can be pursued in medical malpractice cases. These non-economic damages account for both emotional distress and physical pain resulting from medical negligence.
Do I need a lawyer for a medical malpractice case?
Yes, having an experienced medical malpractice lawyer is especially important due to the complexity of these cases. They handle the legal complexities, prove negligence, and negotiate settlements on your behalf, significantly improving the outcome of your case.
Are there caps on medical malpractice settlements in South Carolina?
Yes, South Carolina has caps on non-economic damages in medical malpractice cases, which can affect the final settlement amount.
What Is Medical Malpractice?
According to South Carolina laws, medical malpractice is defined as “doing that which the reasonably prudent health care provider or health care institution would not do, or not doing that which the reasonably prudent health care provider or health care institution would do in the same or similar circumstances.”
It can occur in many ways, with the most common examples being:
- Misdiagnoses
- Surgery errors
- Wrong medication prescriptions
- Ignored or misinterpreted laboratory results
- Poor aftercare
Medical malpractice can involve any medical professional, not just doctors, including nurses, pharmacists, physician assistants, surgeons, hospitals, and clinics, among others
Calculating Medical Malpractice Settlement Damages
The worth of a medical malpractice settlement is unique for each case. While some refer to a ‘medical malpractice settlement formula,’ there is no standardized formula, and ca
lculating medical malpractice claims involves evaluating both economic and non-economic damages based on the unique circumstances of each case. Generally, though, it’s calculated based on two things: economic damages and non-economic damages.
Economic Damages
Economic damages refer to past, present, and future loss of cash flow due to medical malpractice. These entail medical bills and expenses, including medication, rehabilitation, and the cost of assistive and adaptive devices, if needed.
Economic damages also include lost earnings, which cover both past lost wages and future lost earning capacity due to the victim’s inability to work. These include base pay, bonuses, commissions, benefits, pay raises, pensions, and retirement fund contributions.
Non-Economic Damages
Non-economic damages refer to compensation for a medical malpractice victim’s physical pain, emotional suffering, mental anguish, and loss of quality of life. These are trickier to calculate; unlike economic damages, there’s no set methodology for valuing them. Instead, they’re often determined using a seriousness factor (also known as a “non-economic multiplier”) ranging from two to five, which is then multiplied by the total value of economic damages.
Future Medical Expenses
Future medical expenses are a vital consideration in medical malpractice settlements, as many injuries caused by medical negligence require ongoing care long after the initial incident. These expenses may include continued medical treatment, physical therapy, rehabilitation, assistive devices, and even long-term nursing care, depending on the severity of the injury. Accurately estimating future medical expenses is crucial to ensure that victims are not left with out-of-pocket costs for care related to the malpractice.
To determine these costs, medical experts and experienced medical malpractice attorneys work together to assess the patient’s prognosis and anticipated needs. This collabo
rative approach helps ensure that all potential future medical expenses are accounted for in the settlement negotiations. While medical malpractice insurance may cover some of these costs, it is essential to have a clear understanding of the full scope of future care to negotiate a fair settlement. By considering both current and future medical expenses, victims can secure the resources they need for ongoing recovery and quality of life.
Wrongful Death in Medical Malpractice Cases
Tragically, some medical malpractice cases result in wrongful death, leaving families to cope with the loss of a loved one due to a healthcare provider’s negligence. In these situations, surviving family members may have the right to file a wrongful death claim, seeking compensation for the financial and emotional impact of their loss. Wrongful death claims can provide substantial compensation for funeral and burial expenses, lost income that the deceased would have provided, and the significant emotional distress experienced by the family.
Proving medical malpractice in wrongful death cases requires the expertise of qualified medical experts and experienced medical malpractice attorneys. These professionals work together to demonstrate that the healthcare provider’s actions fell below accepted standards and directly caused the patient’s death. Wrongful death cases often result in significant medical malpractice payouts, reflecting both the economic and non-economic damages suffered by surviving family members. If you have lost a loved one due to medical negligence, pursuing a wrongful death claim can help provide financial security and a sense of justice during a difficult time.
The Medical Malpractice Settlement Process
The process of reaching a medical malpractice settlement involves several important steps, each designed to ensure that victims receive fair compensation for their injuries. It typically begins with a comprehensive review of the patient’s medical records and a consultation with an experienced medical malpractice attorney. During this initial phase, the attorney will evaluate the strength of the case, identify all responsible parties, and estimate the potential value of the claim based on medical expenses, pain and suffering, lost wages, and future medical expenses.
Once the case is prepared, a medical malpractice lawsuit may be filed, and settlement negotiations with the defendant’s insurance company will begin. These negotiations can be complex, as both sides work to reach a fair settlement that accurately reflects the severity of the injuries and the impact of the medical malpractice. In some cases, mediation or even a trial may be necessary if a settlement cannot be reached.
Throughout the settlement process, it is essential to have an experienced medical malpractice attorney who understands the intricacies of medical malpractice law and can advocate for your best interests. Your attorney will guide you through each stage, from gathering evidence and consulting medical experts to negotiating with insurance companies and, if needed, representing you in court. With the right legal support, you can pursue a fair settlement that covers your medical expenses, lost wages, pain and suffering, and any future medical needs resulting from the malpractice.
Know How Much Your Medical Malpractice Case Is Worth
If you believe you or a loved one has been a victim of medical malpractice in Columbia, contact the experienced and knowledgeable medical malpractice lawyers at Strom Law to get help. Determining your medical malpractice claim worth depends on the unique circumstances of your case. The team can guide you through the complex process and help you determine how much your medical malpractice claim is worth—and how you can be awarded every cent that you deserve for your peace of mind.
Contact The Strom Law Firm Today
If you’re considering a medical malpractice claim in Columbia, SC, The Strom Law Firm is here to help. Our dedicated team of medical malpractice lawyers will work tirelessly to ensure you receive fair compensation. Contact us today to schedule a consultation and learn how we can support you in your pursuit of justice.
We invite you to reach out for a free consultation regarding your medical malpractice claim.