The average medical malpractice settlement in the United States varies depending on the source. One source states it is approximately $242,000, with cases that go to trial averaging around $1 million in compensation. Another source suggests a slightly higher average, close to $400,000 for settlements.
These settlements can vary greatly depending on the nature of the malpractice. For instance, the average settlement amount for cancer misdiagnosis cases is around $1.75 million due to the severity of the consequences of such errors. Birth injuries and deaths, another severe type of malpractice, have an average settlement amount of just over $1.03 million. On the other hand, settlements for negligent failures to treat, which include errors like misinterpreting test results or failing to refer a patient to a specialist, generally range between $200,000 to $500,000. Medication errors, which can cause harm ranging from allergic reactions to organ damage, have settlements varying widely from under $5,000 to nearly $5 million, reflecting the varying severity of these cases.
These figures highlight the significant variability in medical malpractice settlements, largely influenced by the nature and severity of the malpractice incident.