Updated September 7, 2020
If you or someone you love has been hurt as a result of medical treatment, it’s possible to get compensation for your injuries. Such damages are usually paid to compensate you for what you’ve lost as a result of your injury or illness—the cost of medical treatment, reimbursement for any lost income, and your pain and suffering—but punitive damages designed to punish the healthcare provider are also possible to obtain. What might be at the front of your mind, though, is the possible amount of money that you can be awarded in your medical malpractice case.
There are many variables when it comes to medical malpractice cases. There are differences in settlement payout amounts, and they depend on whether it was inpatient or outpatient malpractice, whether the case is settled in or out of court, and the nature of the injuries. Even if an average dollar amount for all medical malpractice cases existed, such a figure wouldn’t do much in the way of offering you a prediction of what your case would look like.
Several factors can help determine a dollar amount, including injury severity, patient details, long-term costs, and fault.
Above all else, the severity of the illness or injury is considered. If the injury is a long-term one that impacts the injured person’s ability to work, dramatically interferes with their quality of life, or even permanently disables them, compensation could be higher.
Compensation could be affected by how old the injured person was at the time of the illness or injury. Are they young, and will they have to live with complications and medical bills for many years to come?
What type of medical care will be necessary to care for the victim in the future? Traumatic brain injuries (TBIs), spinal cord injuries, and other types of injuries could require lifelong healthcare costs, such as rehabilitation, physical therapy, or nursing care.
Where the fault lies in the case and whether it’s clear who is at fault will also be considered. If you’re moving forward with a medical malpractice case, there is probably sufficient evidence of wrongdoing, but the precise nature of the error is what’s being looked at in this case. Some cases aren’t as clear-cut as others.
The state of Indiana has damage caps on medical malpractice cases. A plaintiff cannot collect any more than $1,800,000 in a case, no matter what a jury decides the case is worth.
However, this money does not all come from one place. The money first comes from the liable medical provider, who provides the first $250,000 of compensation. If more money is required, the Indiana Patient’s Compensation Fund can pay the remaining $1,000,000.
Keep in mind that if the liable medical provider has already paid $750,000 in total medical malpractice damages that year, they cannot pay anything more: In this case, your recovery would be through the Patient’s Compensation Fund and limited to $1,000,000.
If you or a loved one have been injured as a result of medical malpractice, contact the attorneys of Wilson Kehoe Winingham. An experienced Indianapolis medical malpractice lawyer at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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