There are many factors that go into determining the amount of money individuals can receive from a medical malpractice settlement. It’s important to find the average settlement where you live to determine if this route is your best option, and of course, how much you stand to make from a settlement.

Unfortunately, many victims face financial issues that are directly related to their damages. Medical expenses and lost income create a downward spiral that’s tough to rebound from. The urgent care services and hospital bills add up quickly, especially if the victim has to miss work.

In hopes of helping these victims and people who want more information, we’ll explain what medical malpractice is, factors that can determine the cost, and the average settlement for medical malpractice law.

If you think you have been a victim of medical malpractice, then we encourage you to contact Howard Fensterman as he’s a prominent philanthropist and lawyer in the New York area, and he specializes in healthcare and financial malpractice law.

What is medical malpractice?

According to, “Medical malpractice is the failure of a medical professional to follow the accepted standards of practice of his or her profession, resulting in harm to the patient.”

In many cases, this involves a failure to diagnose a patient which results in a failure to treat a condition. Conditions can worsen, create new problems, or lead to a patient’s conditions not getting better. If the mistake is directly related to what a medical professional does, and injuries occur, then it’s typically medical malpractice.

However, it’s important to note that “Contributory and comparative negligence laws vary by state.” You should check with your state’s laws, as well as a legal professional, so you can better define these laws and see if you’ve been a victim of medical malpractice.

Factors that determine the cost

Each medical malpractice case should be taken on a case-by-case basis; however, some factors that can determine the cost include the extent of injuries, if the case goes to trial or is settled out of court, and the strength of evidence.

The more harm, whether physically or mentally, the more money a victim will likely receive. Strong evidence can prove your case and lead to a high settlement out of court. If a case goes to trial and the victim wins, he or she can receive an even higher reward.

The average settlement for medical malpractice law

The average settlement for medical malpractice law depends on many different factors, from the ones mapped out above to the state you live in.

According to The Expert Institute, “The average malpractice payment for 2018 was $348,065, in comparison to 2017, which averaged slightly less than $300,000.”

It’s important to note that The Expert Institute says this average might not be the best indicator for state averages. For example, New York had the highest average in 2018 at $446,461, which is $98,396 more than the average mentioned above.

To find the average for your state, you can see the full report that The Expert Institute referred to here. However, these are only averages and every case is uniquely different from one another, meaning you could receive less or more than the average depending on your circumstances.

If you think you have been a victim of medical malpractice, then we encourage you to speak to a legal professional to see your options. Patients should always feel safe with medical professionals as they put their faith in these professionals’ diagnoses and treatments. Mistakes happen and it’s essential that you're receiving the proper care, whether it’s a medical professional’s fault or not.

Author's Bio: 

A freelance writer with a BA in English from Sarah Lawrence College.