What is the Average Settlement for a Medical Malpractice Lawsuit?

If you have recently received medical care for an injury or a serious health issue, you know how stressful it can be. In addition to any pain and discomfort you feel, you have to entrust your health—or the health of someone you love—to doctors, nurses, and other medical personnel, and with good faith that they will fulfill their duty to provide the best care and treatment they can. 

But what happens if doctors or other healthcare professionals do not live up to their duty of care and make things worse instead? On top of feeling betrayed, you could suffer serious health and financial consequences, including debilitating injuries, pain and suffering, and staggering medical debts.  

Those who receive negligent or harmful medical care may wonder what the average payout for medical malpractice lawsuits can be. While the answer can vary widely, the American Medical Association (AMA) has compiled statistics with average awards for malpractice victims across different areas of medicine.

In addition to the data compiled by the AMA, the following includes awards Morgan & Morgan has won as part of the $13 billion we have collected in settlements and verdicts for our clients since our inception in 1988.

Average Malpractice Payouts by Field

According to the Journal of the American Medical Association (JAMA), the current overall average payout for medical malpractice is $329,565. This number encompasses many verdicts and settlements; individual payouts vary widely according to the area of medicine involved. 

The following are the top five average malpractice awards by field of medicine, arranged from highest to lowest:

• Pathology: $473,957
• Neurosurgery: $469,222
• Gastroenterology: $390,538
• General Practice: $235,789
• Dermatology: $189,065

Highest Catastrophic Claims by Medical Field

In some malpractice cases, the negligence can be severe enough to justify punitive damages and awards of over $1 million. These are known as “catastrophic claims,” and JAMA reports that they are most commonly found in the following fields, listed by percentage:

• Neuroscience: 13%
• Ob/Gyn: 12.4%
• Neurology 11.8%
• Pediatrics 10%
• Pathology 10%
• Anesthesiology 10%

Morgan & Morgan’s Malpractice Awards

Our experienced lawyers have won numerous medical malpractice settlements and jury awards, including sizable catastrophic claims. And while the following payouts are not typical for every claim, they demonstrate what our expertise and resources can achieve for our clients:

• Botched C-section: $38,750,000
• Delayed treatment of encephalitis: $28,500,000
• Medication overdose of newborn baby: $19,200,000
• Delayed diagnosis of rectal cancer: $9,278,000
• Failure to diagnose tuberculosis meningitis: $8,600,000
• Failure to diagnose and treat heart disease: $6,330,000
• Botched ethanol injection: $1,970,000
• Hypoxic brain injury during birth: $1,750,000
• Spinal accessory nerve damage: $1,250,000

Contact Morgan & Morgan

While we cannot undo the damage done by medical malpractice, fighting for the compensation you deserve is a step toward justice. If you sign on with Morgan & Morgan, you will be enlisting an army of more than 800 lawyers and 3,000 team members, all ready to fight for you.

If you or a loved one have suffered an injury or additional illness after medical treatment, don’t delay. Complete our free, no-risk case evaluation form today. Your consultation is free, you never pay anything out-of-pocket, and there’s no fee at all unless we win your case.

We work for the People, not the powerful. Contact us today and find out why there’s only one Morgan & Morgan.