What Is My Medical Malpractice Case Worth?

If you or a loved one has suffered harm due to medical negligence, you may be entitled to compensation through a medical malpractice claim. While no amount of money can undo the damage, financial recovery can help ease the burden of medical bills, lost income, and long-term suffering.

Determining the exact value of your case can be complex. Several factors influence the value of a medical malpractice claim, including the type of damages involved, the strength of the evidence, and the location where the case is filed. No two cases are the same, and outcomes can vary widely depending on the circumstances. Even cases that appear similar on the surface may have different values based on medical details, expert testimony, and the extent of the damages involved. 

What Are The Types Of Damages In Medical Malpractice Cases?

Damages in malpractice cases fall into two main categories:

Economic Damages

These are tangible, measurable financial losses and typically include:

• Past and future medical expenses
• Lost wages due to missed work
• Reduced earning capacity
• Costs of rehabilitation, medications, and assistive devices
• Out-of-pocket expenses (travel to treatment, childcare, etc.)

While some costs, like past medical bills, are straightforward, others (like future care or lost income potential) may require evaluation by a medical economist.

Non-Economic Damages

These are intangible losses that are harder to quantify, including:

• Pain and suffering
• Mental anguish or emotional distress
• Loss of enjoyment of life
• Loss of consortium (the impact on relationships with family)

Unlike economic damages, there are no exact guidelines for calculating non-economic losses. Insurance companies may use a "multiplier" method, but jury decisions are influenced by:

• Whether the plaintiff was a credible and likable witness
• Whether the jury understood the injuries
• Whether the plaintiff is alive or deceased
• Whether the defendant appeared honest

Punitive Damages: Rare but Possible

Punitive damages are meant to punish extreme misconduct, not just compensate the victim. These are rarely awarded in malpractice cases, but may apply when:

• A provider acted intentionally or with reckless disregard
• There was a cover-up or deliberate misconduct

Examples might include operating under the influence of drugs or alcohol, or altering medical records. When punitive damages are awarded, they can significantly increase the total recovery.

Are There Caps On Damages?

Some states limit the amount that can be awarded for non-economic damages. These "caps" can significantly reduce total compensation, especially in cases involving severe injury or wrongful death. Pennsylvania does not have a cap on non-economic damages in medical malpractice cases, which may result in higher potential compensation compared to cases filed in other states.

How Can Comparative Negligence Impact Your Compensation?

What happens in malpractice cases if the patient shares some of the blame? In Pennsylvania, if you're partially at fault, your compensation may be reduced by your percentage of fault.

For example, if you're awarded $500,000 but are found to be 20 percent at fault, you would receive $400,000. But if you're more than 50 percent at fault, you may not be entitled to compensation at all.

Comparative negligence issues often arise in cases involving delayed treatment, miscommunication with providers, or failure to follow medical advice. A skilled attorney can help argue your side effectively and minimize the fault assigned to you.

Trial Value vs. Settlement Value

Every case has two potential values:

• Settlement value – What your attorney may accept to resolve the case without a trial
• Trial value – What a jury might award if the case is successful

Most malpractice cases settle out of court to avoid the risks and expenses of trial. However, strong cases with significant damages may warrant pursuing legal action in court. If that happens, you need an experienced medical malpractice attorney who is also accomplished in the courtroom. 

Don't Miss The Deadline To File Your Medical Malpractice Case?

The statute of limitations in Pennsylvania is generally two years from the date of your injury. There are exceptions for minors, fraud, or hidden injuries, but missing the deadline could forfeit your right to sue.

Why You Need A Skilled Malpractice Attorney

Valuing a medical malpractice case is not a simple math problem. It involves:

• Interpreting complex medical records
• Consulting with qualified experts
• Navigating strict legal deadlines
• Presenting a compelling case to the jury

At Ross Feller Casey, our attorneys are nationally recognized for their success in high-stakes medical malpractice cases. We have a team of leading Ivy League-trained doctors on staff who evaluate cases from the outset, giving you an edge from the start. 

If you believe you or a loved one has been harmed by medical malpractice, don't wait. Contact Ross Feller Casey today for a free, no-obligation consultation. We handle all malpractice cases on a contingency basis, meaning you pay nothing unless we successfully resolve your case.