Average Medical Malpractice Settlement Amounts
It is difficult for a lawyer to provide an exact amount that the injured party will receive as average medical malpractice settlements. Every medical malpractice case is unique and the circumstances of them will differ greatly. However, your lawyer can provide you with average medical malpractice compensation figures based on cases similar to yours. Using medical malpractice verdicts from other claims, your lawyer can give you an estimate of the value of your claim.
Examples Of Medical Malpractice Claims Won in Ontario
- Baby with cerebral palsy from birth injuries awarded $15.5 million
- Diabetes misdiagnosis results in brain damage. Plaintiff awarded $1.8 million
- Family of baby with brain damage from botched fetal monitoring awarded $8 million
Proving Medical Negligence
What is medical malpractice? When you have been injured by the negligent actions of a medical professional, it is your right to seek compensation for your injuries. Injured patients can file a medical negligence or medical malpractice lawsuit claim against the doctor that has harmed them while providing care.
Why Are There So Many Different Average Medical Malpractice Results?
Every medical malpractice event is different and affects the injury victim uniquely. This is why it is so hard to predict the exact outcome of a claim. The losses experienced by one person will be experienced in a different manner than those experienced by another. There are many factors that will be taken into account when determining the value of the medical malpractice settlement.
Some of these will include:
- Medical expenses that are related to the malpractice event
- Lost wages and other income during your recovery from the injury
- Future earning capacity if you cannot return to work because of the injury
- Pain and suffering and loss of enjoyment of life
Your lawyer will inform you if there are any other forms of compensation that apply to your medical malpractice case.
As you can see, these areas of compensation will vary greatly in value based on the type of injury, the type of care needed to correct the injury, your income, ability to return to work, and overall pain and suffering.
Proving A Medical Negligence Claim Can Be Difficult
Proving a medical negligence case can be challenging. This is why it is always necessary to have a lawyer manage your claim. To make a valid claim for medical negligence, you must be able to prove that:
- Your medical care provider failed to meet professional standards for the care that they provided you. In other words, had you gone to another doctor, the outcome would have been different because of the care you received.
- Your lawyer must show that the actions of the medical care provider are the direct cause of your injury. Your lawyer must be able to prove that had this event not occurred, you would have had a different outcome for your medical care.
- Your attorney must then show that the injury you received has caused you both economic and non-economic damages. If there are no damages, the case cannot move forward.
Your lawyer may have to call in expert witnesses to prove that the medical care you received does not meet the standard of care for your condition.
It is very important to understand that an undesired outcome to medical care is NOT medical negligence. Medical treatments are not 100 percent guaranteed, nor are the outcomes from that treatment. For medical negligence to have occurred, a mistake must have been made with the care you received.
Get Help With Your Ontario Medical Malpractice Claim
Medical malpractice cases can be difficult to litigate. Contacting a medical malpractice lawyer can be your best option. Your medical malpractice lawyer will meet with you and provide a thorough review of your case based on the facts. They will determine whether you have a viable cause of action against the health care provider. Giving an exact amount for your medical negligence case can be very difficult. However, when you are working with a medical negligence lawyer, you can feel assured that they will work hard to get all of the compensation that you are entitled to.
