How Much is the Average Medical Malpractice Settlement?

Our medical malpractice law firm has calculated the average medical malpractice settlement based on data from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB). While the average settlement amount can vary greatly depending on the specifics of the case, over the 10 year period of 2014-2023, the average payout for medical malpractice in the United States was $356,029.

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 $617,540.

Average Medical Malpractice Settlements

Some Staggering Medical Malpractice Settlements in Illinois

According to the NPDB, in Illinois between 2014-2023:

• The largest number of malpractice payments (15%) averaged $995,000.
• The 8% of Illinois malpractice payments averaged over $100K.
• The highest medical malpractice payments in Illinois averaged $22.5M.
• Last year, 2023, had the largest number of medical malpractice case payouts (470) and the second highest total value in payouts of over $315M.

What Is Medical Malpractice in Illinois?

In Illinois, medical negligence occurs when a healthcare provider deviates from the standard of care, causing patient harm. Providers like doctors, nurses, or hospitals can be held liable if their negligence results in injury or worsens a patient’s condition.

What Is NOT Medical Malpractice?

Not all negative healthcare outcomes are due to medical malpractice. If a patient is informed of risks before a high-risk surgical procedure and a negative outcome occurs despite precautions, it isn’t malpractice.

Who Can Be Sued in Medical Malpractice Lawsuits?

In medical malpractice claims, any licensed healthcare provider, such as doctors or nurses, can be held accountable. Liability extends beyond individuals to institutions if negligence occurs by their employees. The National Practitioner Data Bank recognizes 108 practitioner types, each with specific licenses.

Who Cannot Be Named in a Medical Malpractice Lawsuit?

Manufacturers of medical products are usually exempt and fall under product liability and personal injury law for faulty products.

What Are the Most Common Medical Malpractice Cases?

Medical malpractice injuries differ based on negligence and care involved, but some types are more common. Here are the top five medical malpractice incident cases.

1. Diagnostic errors, including failure to diagnose, misdiagnosis, or delayed diagnosis. According to Johns Hopkins research, these errors cause serious harm to 795,000 Americans annually, with missed stroke being #1
2. Childbirth injuries, such as cerebral palsy and seizure disorders
3. Medication errors
4. Anesthesia errors
5. Surgery errors involve incorrect or unnecessary procedures and operating on the wrong body part

How Does a Medical Malpractice Lawyer Prove Malpractice Cases?

To establish a case of medical malpractice by a medical professional, a medical malpractice attorney must demonstrate:

1. A patient-doctor relationship established duty of care.
2. The healthcare provider failed to meet the standard of care.
3. The patient’s injury resulted from inadequate medical care.
4. The breach of duty resulted in the injury.

What Kinds of Compensation Could Be Awarded in Medical Malpractice Settlements?

In a medical malpractice settlement, the plaintiff may seek compensation, including:

• Current and future medical expenses
• Income and earnings lost
• Pain and suffering for physical and emotional distress
• Losing the ability to enjoy daily activities or hobbies
• Loss of consortium or how an injury affects a victim’s relationships
• In wrongful death cases, funeral and burial costs

What Is My Medical Malpractice Claim Worth?

There is no reliable medical malpractice settlement formula because each individual medical malpractice claim is valued by considering:

• The extent and severity of the patient’s injuries.
• Economic damages including medical expenses and lost wages.
• The extent of negligence or misconduct by the healthcare provider.
• Non-economic damages like physical pain and mental suffering.

Contact The Kryder Law Group, LLC Accident and Injury Lawyers

If you or a loved one were the victims of medical malpractice, contact us today for a free consultation to discuss your options and potential compensation.