What Factors Affect a Medical Malpractice Settlement?

Nicole Madison
Nicole Madison
Nicole Madison
Nicole Madison
Many factors effect a medical malpractice settlement.
Many factors effect a medical malpractice settlement.

There are many factors that may influence a medical malpractice settlement. Among them are the ability of the plaintiff to prove his case and the extent of the injury to the patient. Any expenses incurred by the patient, or those pursuing the case on his behalf, may influence the settlement amount as well. For example, medical bills and lost wages or profits may influence the amount of settlement a person is awarded. Likewise, willful misconduct or an extreme case of neglect on the part of the defendant may also affect a medical malpractice settlement.

An experienced medical malpractice attorney can play a key role in winning lawsuits against hospitals and doctors.
An experienced medical malpractice attorney can play a key role in winning lawsuits against hospitals and doctors.

The ability of a plaintiff to prove his case in court is one of the factors that can affect medical malpractice settlements. In order to receive a settlement, the plaintiff in a case typically has to prove some important things: He has to show that he was injured in some way and prove that the defendant caused the injury or harm. He also has to demonstrate that the injury he suffered was because of the neglect or incompetence of the defendant. If a plaintiff is unable to convince a judge or jury of these three things, he is unlikely to win his case and receive a medical malpractice settlement.

The ability of a plaintiff to prove his case in court is one of the factors that can affect medical malpractice settlements.
The ability of a plaintiff to prove his case in court is one of the factors that can affect medical malpractice settlements.

If a plaintiff is able to prove that he has been harmed because of the medical malpractice of a defendant, there are several things that may influence the settlement he is awarded. For example, the extent of the injury may play a role in the amount of money a person is awarded. An individual who has suffered moderate injuries may receive less than a person who has been disabled or permanently disfigured because of medical malpractice.

A surgeon who performed an unnecessary procedure on a patient without her specific consent could be charged with medical malpractice.
A surgeon who performed an unnecessary procedure on a patient without her specific consent could be charged with medical malpractice.

The amount of a medical malpractice settlement may also be influenced by expenses a plaintiff, or those suing on his behalf, have paid. For example, a medical malpractice lawsuit may include compensation for medical fees and legal costs the plaintiff has incurred because of the malpractice. Likewise, compensation amounts may include money to cover lost wages or profits from a business. Other expenses the plaintiff had to pay out of pocket may be included in a medical malpractice settlement as well.

The majority of medical malpractice cases are settled outside of court.
The majority of medical malpractice cases are settled outside of court.

Sometimes punitive damages, which are compensation amounts that exceed actual damages, affect a medical malpractice settlement as well. For example, if a defendant injured the plaintiff because of extreme negligence, the defendant may have to pay punitive damages as punishment for his actions. Likewise, punitive damages may be awarded when a judge or jury believes the defendant was willfully negligent.

Nicole Madison
Nicole Madison

Nicole’s thirst for knowledge inspired her to become a writer, and she focuses primarily on topics such as homeschooling, parenting, health, science, and business. When not writing or spending time with her four children, Nicole enjoys reading, camping, and going to the beach.

Nicole Madison
Nicole Madison

Nicole’s thirst for knowledge inspired her to become a writer, and she focuses primarily on topics such as homeschooling, parenting, health, science, and business. When not writing or spending time with her four children, Nicole enjoys reading, camping, and going to the beach.

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    • Many factors effect a medical malpractice settlement.
      By: beerkoff
      Many factors effect a medical malpractice settlement.
    • An experienced medical malpractice attorney can play a key role in winning lawsuits against hospitals and doctors.
      By: Anna
      An experienced medical malpractice attorney can play a key role in winning lawsuits against hospitals and doctors.
    • The ability of a plaintiff to prove his case in court is one of the factors that can affect medical malpractice settlements.
      By: bernanamoglu
      The ability of a plaintiff to prove his case in court is one of the factors that can affect medical malpractice settlements.
    • A surgeon who performed an unnecessary procedure on a patient without her specific consent could be charged with medical malpractice.
      By: Alexander Raths
      A surgeon who performed an unnecessary procedure on a patient without her specific consent could be charged with medical malpractice.
    • The majority of medical malpractice cases are settled outside of court.
      By: Rido
      The majority of medical malpractice cases are settled outside of court.