What Is The Average Medical Malpractice Settlement? (2026)

Average Medical Malpractice Settlement Amounts

Although there’s been some fluctuation, the average medical malpractice payout in the United States has increased fairly steadily over the past 25 years, landing at a high of $435,000 on average in 2024, up by 142% compared to the average in 2014.

Keep in mind that this data from The National Practitioner Data Bank includes total settlements, which means the averages include compensation for both economic and non-economic damages.

Common Types of Medical Malpractice Claims

When a doctor fails to deliver an acceptable standard of care, you might have a medical malpractice case. These are some of the most common types of malpractice cases:

Delayed Diagnosis or Misdiagnosis

If a doctor misses a diagnosis that a competent professional would have made, there’s a possibility that the patient could suffer significant harm. Many delayed or missed diagnosis cases are brought by patients whose doctors missed clear signs of cancer or another serious disease.

Birth Injuries

Birth injuries happen when negligent medical staff injure the baby, the mother or both. If you or your baby suffered a preventable injury during childbirth, you should consult a birth injury lawyer.

Medication Errors

Even seemingly small medication errors can lead to serious medical complications or even death.

Anesthesia Errors

If a patient receives the wrong dose of anesthesia, they could suffer brain damage from respiratory suppression. They may also be conscious but unable to move during surgery.

Patient Abandonment

Patient abandonment happens when a medical provider abruptly terminates a patient relationship without cause (and without helping line up further care).

How Medical Malpractice Settlements Are Calculated

There is no single formula to calculate medical malpractice settlements. In most cases, you’ll be awarded economic damages (compensation for financial losses) and non-economic damages (compensation for non-monetary losses). The unique circumstances of your case determine how much compensation you may receive.

Economic Damages in Medical Malpractice Cases

Economic damages are compensation for quantifiable financial losses. In a medical malpractice case, economic damages may include the following:

• Cost of medical care
• Cost of future medical care
• Cost of physical therapy and rehabilitation
• Lost income
• Loss of future earning capacity
• Cost to modify your home (if you are left with a disability)

If you’re considering pursuing a medical malpractice case, you should keep track of medical bills and all other costs. Having good records may help your attorney accurately value your case.

Non-Economic Damages and Pain & Suffering

Non-economic damages compensate you for the losses you can’t put a dollar sign on. These include physical pain, emotional distress, loss of enjoyment of hobbies and interests and even the psychological impact of serious scarring.

Factors That Influence Settlement Values

The amount of compensation you may recover hinges on several factors. These are some of the most important:

• Injury severity
• Impact on your overall quality of life
• Degree of negligence of the defendant
• Insurance policy limits

It’s important to note that several states cap the damages you may recover in medical malpractice cases. Here are a few examples:

• Alaska: $250k cap on non-economic damages (raised to $400k for serious impairment and wrongful death)
• Colorado: $300k for non-economic damages, $1 million total damages
• Mississippi: $500k for non-economic damages
• Tennessee: $750k for non-economic damages (raised to $1 million for catastrophic injury)

States that cap damages in medical malpractice cases often do so to keep the cost of healthcare down, prevent insurance premiums from rapidly increasing and make sure physicians are still available and willing to practice in the state.

When you consult a medical malpractice lawyer, they will be able to tell you how your circumstances and your state’s laws may shape your settlement.

Settlement vs. Trial: Understanding Your Options

Medical malpractice lawyers will usually try to work out a settlement before taking the case to trial. An estimated 93% of medical malpractice cases end in a settlement.

Why? Trials are unpredictable, and they cost both sides time and money. They can also be extremely stressful. If you win at trial, you might take home more than you would have gotten if you had settled the case. However, if you lose at trial, you receive no compensation at all.

Attorneys may take cases to trial when they can’t work out a fair settlement. They also may do so when they want to make an example out of the defendant or are extremely confident that the strategy will pay off.

Get Legal Help for Your Medical Malpractice Claim

Medical professionals are responsible for delivering quality care to their patients. If you’ve been harmed because of a medical provider’s negligence or incompetence, you might have a valid medical malpractice claim.

If you’re considering pursuing a case, your next step should be finding an experienced attorney. ConsumerShield can help. Just fill out our contact form for a free case review!