Most medical malpractice cases settle on average for around $180,000 according to the National Library of Medicine. However, medical malpractice claims can and very often do settle for much higher amounts. The final settlement amount can depend on the facts of the case and the nature of the injuries sustained by the plaintiff. 

Most medical malpractice cases never make it to trial. When there is substantial evidence and or serious injury, most plaintiffs and defendants will agree to settle outside of court. While this might seem like a good thing, or an easier option, reaching a settlement can often involve long periods of negotiation between the parties. 

While many medical malpractice cases settle outside of court, this does not mean they all do or should. When cases are not settled and parties cannot reach an agreement, they are usually resolved by a jury. Jury verdicts have been shown to lead to higher settlement amounts, but they also involve much higher risk, such as losing and being forced to walk away with nothing. Astonishingly, physicians have been shown to win upwards of 80% of medical malpractice jury trials according to the National Library of Medicine. 

What is the Cap on Medical Malpractice in Pennsylvania?

The state of Pennsylvania does not cap the total amount of compensatory damages that you can recover in medical malpractice lawsuits. You are able to recover full compensation for the economic and non-economic losses you suffered due to malpractice.

However, there is a cap on the total amount of punitive damages that can be recovered in a medical malpractice lawsuit in Pennsylvania. When they are awarded, they are awarded in addition to the compensatory damages a plaintiff recovers.

All cases are unique and an experienced lawyer can help you navigate through the details and particularities of your case. While settlement amounts can vary, a good lawyer will always be motivated by the highest settlement possible for their client. 

If you feel that you were put at risk due to medical malpratice, call Pribanic & Pribanic today. We are dedicated to helping those injured due to medical negligence and we will help you recover the damages you deserve.

“If you have questions about how much you can sue for medical malpractice in PA, call one of our injury lawyers for help: 800-392-4529“