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What Is The Average Payout For Medical Negligence?


If you want to know the answer to “what is the average payout for medical negligence? You’re in the right place. Watch the video below to learn more about the average payout of medical negligence cases.


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Video Transcript

0:00 Intro
1:22 Compensatory Damages
2:17 Compensatory Damages Continued

The question is what is the average payout in a medical negligence case, and it varies. Obviously the greater the injury, the more elements of damages that can be proven, the larger amounts that jurors will award because jury’s award compensation to patients as to how long they have suffered in the past, but also up to the time of trial, but also how long they are likely to live. The longer you live, the greater the damages are going to be for medical negligence cases.

There are no punitive damages in medical malpractice cases, even on intentional or reckless behavior. Most laws protect the doctors so that they will never be subject to punitive damages. So the only thing we’re talking about in medical malpractice cases are what’s called compensatory damages, and that’s a juror or jury I should say, awarding damages for specific elements of damage or injuries.

1:22 The Average Payout For Medical Negligence: Compensatory Damages

Those areas are to be pain and suffering, they could be a disability, inability to do things that they used to be able to do, inability to enjoy the pleasurable aspects of life. I’m a tennis player and while I’ve never won a dollar playing tennis, it would be a really big deal if I couldn’t play tennis. Of course, there’s lost wages and then there’s the cost of medical care, both in the past and in the future. Those are the categories that the law allows and permits juries to consider in the area of damages.

2:17  Compensatory Damages Continued

In my practice, I tend to only take cases where there’s been egregious negligence, that really rankly offends me, that raises my ire and my passion, but also, it has to have major catastrophic and life-changing damages. In my practice, frankly, the average payout is seven hundred and fifty thousand dollars up to 15-18 million. It depends on the kind of case.



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