Medical Malpractice Lawyers
How Much Is Your Medical Malpractice Case Worth?
It is very difficult to determine ahead of time how much a medical malpractice case will be worth. But considering the time, stress and expense involved in medical malpractice litigation, it may be worth the effort for you and your malpractice attorney to estimate the potential value of your case.
When assessing whether to pursue a medical malpractice claim, you should first be aware that some medical organizations discourage their practitioners from testifying against each other. It has also been known for insurance companies to prohibit health care providers they cover from testifying against each other. In certain cases, it may not be easy to find experts with the integrity to testify as to the wrongdoing of one of their peers.
This having been said, the value of a medical suit depends on numerous factors. Among these are:
- The jurisdiction in which the medical negligence and injury took place
- Any caps on damages that may be applicable in your state
- The severity of the injuries
- Any pre-existing conditions
Each state has different rules with regard to doctor liability in medical malpractice cases. As a purported deterrent to frivolous suits, many states have capped the amount of damages and placed other limitations on medical malpractice awards and settlements. Limitations may apply to awards available to the victim through settlements from “collateral sources” such as health insurance companies. In some states, damages may only be available in installment plans rather than in a lump-sum payment. To determine what caps or other limitations may apply to medical malpractice awards in your case, you should consult with an experienced attorney familiar with the medical malpractice laws of the jurisdiction in which you were injured.
Generally, the more severe the injury the doctor is determined to have caused, the higher the amount of damages that will be awarded. Increasingly, insurance companies are raising their medical malpractice premiums relative to the severity of injuries for which there are claims.
A large award or settlement will also be less likely if the injury occurred on top of a pre-existing injury or condition. For example, if you previously had surgery on your foot, it may be difficult to obtain a large settlement if the surgery in question resulted in similar injuries to your previously injured foot.
In determining the potential value of a medical malpractice case, you should also be aware that responsibility for your injuries might not be limited to your medical doctor. Medical malpractice actions may apply, among others, to:
- Nurses
- Hospitals and other health care facilities
- Those providing health care services in nursing homes
- Dentists
- Pharmacists
- Psychiatrists
- Chiropractors
- Physical therapists
If you or a loved one has been the victim of medical malpractice, please contact us. We will put you in touch with an experienced medical malpractice attorney in your area.
