According to the U.S. Department of Health and Human Services National Practitioner Data Bank, while the average settlement amount can vary greatly depending on the specifics of the case, over the 10 year period of 2013-2022, the average payout for medical malpractice in the United States was $342,307.97.
Moreover, the average payout in Illinois is even higher. In Illinois, for the same 10-year period, the average medical malpractice payment reported to the NPDB was $590,249.41.
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According to the NPDB, in Illinois between 2013-2022:
It is important to remember these figures represent averages and the settlement value for individual medical malpractice cases can vary greatly due to a multitude of factors.
For a discussion about what your medical malpractice claims may be worth, call for a consultation with the skilled legal team at The Kryder Law Group, LLC Accident and Injury Lawyers.
Medical negligence or malpractice in Illinois is defined as a healthcare provider’s deviation from the standard of care that leads to patient harm. This standard refers to the generally accepted procedures and practices that all medical practitioners in similar situations would follow.
If a provider’s negligence leads to an injury or worsens the patient’s condition, they may be held liable. This includes doctors, nurses, hospitals, or any other healthcare entity.
Not every undesirable outcome in healthcare is a result of medical malpractice.
For instance, if a patient undergoes a high-risk surgical procedure and is fully informed of the associated risks, but despite all precautions, still experiences a negative outcome, this would not necessarily constitute a medical malpractice incident.
It’s when the practitioner’s negligence or deviation from the accepted standard of care contributes to the adverse result that it becomes a case for medical malpractice.
In medical malpractice claims, practically any licensed healthcare provider can be held accountable. This range of potential defendants is vast, and includes, but is not limited to, doctors, nurses, physical therapists, pharmacists, dentists, and even entire healthcare facilities like hospitals or clinics.
The medical professionals involved often correspond to their field of licensure, such as a cardiologist who holds a specialty license in heart care. Moreover, the National Practitioner Data Bank considers health care providers under 108 different types of practitioners, each holding a specific license in their respective field
It’s important to note that the liability in a medical malpractice case isn’t limited to individuals but can extend to healthcare institutions if the negligent acts were committed by their employees.
While most licensed healthcare providers can be subject to a medical malpractice lawsuit, certain parties are typically exempt.
For instance, manufacturers of medical products aren’t considered providers and thus, can’t be named in such lawsuits. Instead, harm due to faulty medical products usually falls under the area of product liability and personal injury law.
Medical malpractice injuries can vary greatly, depending on the nature of the negligence and the specific medical care involved. However, certain types of medical professional injuries and suits tend to be more common than others. Here are the top five:
In Illinois, a wrongful death claim can be filed by the personal representative of the deceased’s estate. These representatives can include the deceased’s spouse, parent (if the deceased is a minor), or adult child.
The damages recovered in wrongful death cases are for the exclusive benefit of the surviving family members, spouse, and next of kin.
To establish a case of medical malpractice, medical malpractice lawyers must prove four key elements.
Most medical malpractice cases end with a settlement negotiated with malpractice insurance companies and not in court.
In a medical malpractice settlement, the plaintiff may seek compensation, including:
The value of a medical malpractice claim is determined several factors that determine how much compensation you might receive. These factors include:
Cerebral palsy and spinal cord injury cases often win the largest medical malpractice claims and settlements due to the severity and lifelong impact of these conditions.
There isn’t a definitive medical malpractice settlement formula. Each case is unique, thus making seeking legal advice critical for understanding your potential settlement value.
The Kryder Law Group, LLC Accident and Injury Lawyers conducts thorough investigations into the incident, gathers and analyzes all relevant medical records, and negotiates with the insurance company and insurance adjuster. If your case goes to trial, our law firm will represent you and seek maximum compensation for your injuries caused by a negligent doctor or other healthcare provider.
We assist in determining the economic damages and non-economic damages you suffered and meticulously build a strong case to establish negligence, negotiating with the insurance company for a fair settlement for you.
Throughout the process, we maintain open, compassionate communication, ensuring that your voice is heard and your rights are upheld.