Medical Malpractice Case Value Calculator

Medical malpractice damages include economic losses (extra medical costs from the malpractice, lost earnings) plus non-economic damages (pain, suffering, loss of enjoyment of life). Many states cap non-economic damages at $250,000–$750,000. Expert witnesses are required to prove the standard of care was breached.

U.S. medical malpractice settlements average $250,000–$750,000, with serious cases involving permanent disability or wrongful death often exceeding $1 million. Jury verdicts can be significantly higher but are subject to state caps on non-economic damages.

Most states allow 2–3 years from the injury date or discovery of harm. Some states impose a cap on the total time regardless of discovery. Pre-suit requirements such as expert review certificates and notice letters can effectively shorten your window significantly — act promptly.

Strong malpractice cases have: a clear departure from the standard of care, direct causation between the negligence and documented harm, significant measurable damages, and an expert witness willing to testify. Surgery errors, missed cancer diagnoses, and birth injuries tend to yield the highest settlements.