If you have been the victim of a doctor's negligence, you may wonder about how medical malpractice verdicts are calculated. The answer depends in large part on where you live and what the particular situation is.
Calculating Medical Malpractice Jury Verdicts
Many medical malpractice cases settle outside of court. This means that the insurance company of the doctor who hurt you may offer you a lump sum amount of money to release them from any further liability. Before you accept this settlement, you need to understand that this means you can't collect any more money and there will be no jury verdict. The money, then, should be enough to fully compensate you for all the damages you would have gotten had you gone in front of the jury.
Taking your case to a jury can be risky, because you may get a lot if the jury finds the doctor was negligent and guilty of malpractice. In fact, historically, juries have awarded rather large verdicts to victims of medical malpractice, which accounts for the high cost of malpractice insurance. However, you may also get nothing if the jury doesn't find the doctor was negligent.
As long as the jury sides with you that the doctor was negligent, the medical malpractice jury verdict will be calculated by adding up:
- The cost of any medical bills you incurred to correct the doctor's mistake or negligence
- The cost of any work you missed as a result of the doctor's negligence
- Damages for pain and suffering
- Damages for emotional distress (in some states)
- Punitive damages (in some states, and in certain situations only where the doctor acted egregiously or intentionally)
- Wrongful death and loss of companionship are also factored in to a medical malpractice jury verdict, if the victim dies from the malpractice and his relatives or estate sues.
Caps on Jury Verdicts
In some states, it is also important to note that the law caps the amount you can get for a medical malpractice jury verdict. These caps are part of a tort reform effort designed to reduce health care costs for all by minimizing the risk to doctors, thus lowering malpractice insurance premiums. For example, California will cap individuals to $250,000 for non-economic damages in most cases of medical malpractice.
Getting Help
If you have suffered from malpractice, speak with an experienced personal injury or medical malpractice attorney who can help you evaluate your injuries and the strength of your case to determine what an appropriate medical malpractice jury verdict may be in your situation.
