Settlements are a common way to resolve claims of medical malpractice, both in Georgia and throughout the United States. Approximately 100,000 patients die each year due to medical errors, and another 400,000 hospitalized patients suffer some sort of preventable harm.
It is estimated that medical mistakes in the United States cost a total of $20 billion every single year.
In light of these numbers, you may wonder what the average settlement looks like for medical malpractice, especially if you or a loved one was harmed by a healthcare professional in Atlanta. Here is what you can expect from a medical malpractice settlement in Atlanta, GA.
What Goes Into the Average Medical Malpractice Settlement?
When a patient is hurt by a healthcare professional and brings a medical malpractice claim against the negligent provider, the patient and the malpractice insurer may reach a settlement to resolve the matter.
In the typical settlement agreement, the provider’s insurer agrees to pay the patient a certain amount of compensation for the patient’s injuries. In return, the patient agrees not to pursue any further legal action against the provider.
Settlement values take a variety of factors into account, including the following circumstances of each case:
- How severely the injury impacts the patient’s day-to-day life
- Whether the error caused permanent or temporary harm
- The ongoing medical and other needs of the injured patient
- Anticipated future earnings that the patient cannot earn due to their injuries
- The strength of the evidence suggesting the practitioner engaged in malpractice
As a result of these individualized factors, two patients who are injured in similar ways may not receive similar settlement amounts. But this begs the question: “How much is the average medical malpractice settlement worth?”
Average Medical Malpractice Settlement Amounts
Even though medical negligence settlement amounts depend on a variety of individualized factors, the National Practitioners Data Bank reports that the average medical malpractice case will settle in excess of $300,000.
Some of the injuries and situations that result in the highest settlements include:
- Quadriplegia or brain damage that requires lifetime care
- Other major and significant permanent injuries not requiring full-time, lifelong care
- Wrongful death
- Temporary injuries of a serious nature
In Georgia, medical malpractice plaintiffs are limited in the amount of damages they can obtain for non-economic losses in a medical malpractice suit. Non-economic damages include pain and suffering, the loss of the enjoyment of life, and the inability to participate fully in family and social life. Georgia’s cap on these types of losses is $350,000 per claim.
As a result of this cap, medical malpractice cases in Georgia may not settle for as much as similar cases in other parts of the country. Insurers know that an injured Georgia patient will be limited in compensation for pain and suffering they could obtain at trial and may be less willing to settle claims for large sums of money without corresponding evidence of actual financial loss.
Tips For Settling an Atlanta Medical Malpractice Case
If you’ve received a settlement offer after being hurt by a medical provider or facility, you are not under any obligation to accept that offer.
Before you decide to enter into a settlement agreement, discuss with your Atlanta medical malpractice attorney whether the amount of money being offered:
- Gives you the ability to afford future medical procedures you might need
- Provides support for your family’s needs in light of any work limitations you might have
- Addresses incidental expenses you might incur, like travel costs to treatment facilities
- Acknowledges your mental pain and suffering
When thoughtfully entered into, a medical malpractice settlement can be an appropriate way to hold your negligent provider accountable without the time, expense, and uncertainty of trial.
Contact Our Medical Malpractice Law Firm For Help Today
If you or a close one have suffered from medical malpractice in Atlanta, GA, please call Malone Law at (770) 390-7550 or contact us online to schedule a free case evaluation today.
Malone Law