Estimate potential compensation for medical negligence claims including surgical errors, misdiagnosis, birth injuries, medication errors, and failure to diagnose. Accounts for state-specific damage caps.
Based on malpractice type, injury severity, and state caps
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in patient harm. According to a landmark Johns Hopkins study published in the BMJ, medical errors are the third leading cause of death in the United States, accounting for approximately 250,000 deaths annually.
| Malpractice Type | Average Payout |
|---|---|
| Surgical error | $400,000 – $1.5M |
| Misdiagnosis / delayed diagnosis | $300,000 – $2M |
| Birth injury (cerebral palsy) | $1M – $10M+ |
| Anesthesia error | $500,000 – $3M |
| Medication error | $200,000 – $1M |
Many states impose caps on non-economic damages in medical malpractice cases. For example, California's MICRA caps non-economic damages at $350,000 (recently increased from $250,000). Texas caps at $250,000 per provider. These caps can significantly reduce the total settlement. Check your state's limits at the National Conference of State Legislatures.
15+ years practicing personal injury law. Former insurance defense attorney turned plaintiff's advocate. Member of the American Association for Justice. Robert ensures that all our calculators meet the highest standard of legal accuracy.