What Is the Average Medical Malpractice Settlement in Pennsylvania?
If you or a loved one has suffered harm due to medical negligence in Pennsylvania, you may be wondering: “What is the average medical malpractice settlement in PA?” While it’s natural to seek a benchmark, it’s important to understand that settlement amounts can vary widely based on numerous factors. This article aims to provide clarity on what influences settlement values and what you might expect in the Keystone State.
Understanding Medical Malpractice Settlements
A medical malpractice settlement is a financial agreement between a patient (or their representative) and a healthcare provider or institution, resolving a claim of negligence without proceeding to trial. Settlements are common in malpractice cases, as they can provide compensation more quickly and with less uncertainty than a jury verdict.
Factors Influencing Settlement Amounts
Several key factors influence the value of a medical malpractice settlement:
Severity of Injury
The extent and permanence of the injury significantly impact settlement amounts. Cases involving catastrophic injuries—such as brain damage, birth injuries, paralysis, or death—tend to result in higher settlements due to the substantial medical costs, lost income, and pain and suffering involved.
Economic Damages
These are quantifiable financial losses, including:
- Medical expenses: Past and future costs of treatment, rehabilitation, and care.
- Lost wages: Income lost due to inability to work.
- Loss of earning capacity: If the injury affects future employment prospects.
Non-Economic Damages
These cover intangible losses, such as:
- Pain and suffering: Physical discomfort and emotional distress.
- Loss of consortium: Impact on relationships with family members.
In Pennsylvania, there is no cap on non-economic damages in medical malpractice cases, allowing for potentially substantial compensation based on the specifics of the case.
Punitive Damages
In cases of gross negligence or willful misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar conduct. In Pennsylvania, punitive damages are capped at 200% of or twice the compensatory damages awarded. For example, if a jury awards you $1 million for you economic and pain and suffering damages, the most you can obtain in punitive damages is an additional $2 million.
Jurisdiction
The location where the case is filed can influence settlement amounts. For instance, Philadelphia is known for higher jury awards in malpractice cases compared to other counties in Pennsylvania. Allegheny County, where the city of Pittsburgh is located, while not Philadelphia is still a solid venue for your medical malpractice cases. The more rural counties produce less significant verdicts on balance. However, large verdicts can happen in rural counties as well. For example, Lupetin & Unatin obtained a verdict of $10.3 million in a medical malpractice lawsuit filed in Blair county, Pennsylvania. While big verdcits can happen anywhere, venue can affect settlement negotiations, as defendants tolerance for trial may depend on their perception of whether a given county is known for large or small verdicts.
Average Settlement Amounts in Pennsylvania
While exact averages can be elusive due to the confidential nature of many settlements, some data provides insight:
- A study analyzing medical malpractice payouts in Pennsylvania from 2012 to 2016 reported a total payout of $4.14 billion across 9,627 claims, averaging approximately $430,000 per claim.
- Nationally, the average medical malpractice settlement is estimated to be around $350,000, though this figure can vary based on the factors discussed above.
- At Lupetin & Unatin, our average medical malpractice settlements and verdicts are much higher than the national and Pennsylvania average.
It’s important to note that these figures are averages and individual case values can be significantly higher or lower.
Examples of Pennsylvania Medical Malpractice Settlements
To illustrate the variability in settlement amounts, consider the following examples:
- $32 million settlement: A Philadelphia case involving a delayed cesarean section resulted in a child suffering severe brain damage and lifelong disabilities. There has never been a settlement anywhere else in the state even close to this amount.
- $3.5 million verdict: A man in Philadelphia suffered permanent cardiac damage after his heart attack symptoms were misdiagnosed as gastrointestinal distress.
- $13.5 million settlement: Lupetin & Unatin obtained one of the largest known settlements in a birth injury case in Allegheny County, Pennsylvania.
- $12.5 million settlement: Lupetin & Unatin obtained a noteworthy settlement for a young man who suffered a devastating spinal cord injury during routine surgery. These cases go to show that depending on the firm you work with, large medical malpractice settlements are achievable in the right case in Pittsburgh, Pennsylvania.
These cases underscore how specific circumstances, such as the severity of injury and clarity of negligence, can lead to substantial settlements.
How to Maximize Your Settlement
To enhance the potential value of your medical malpractice claim:
- Consult an Experienced Attorney: Engage a law firm specializing in medical malpractice to navigate the complexities of your case.
- Gather Comprehensive Documentation: Collect all relevant medical records, bills, and evidence of lost income.
- Obtain Expert Testimony: Medical experts can substantiate claims of negligence and the extent of harm suffered.
- Act Promptly: In Pennsylvania, the statute of limitations for medical malpractice claims is generally two years from the date the injury was discovered or reasonably should have been discovered.
While the average medical malpractice settlement in Pennsylvania provides a general benchmark, the value of each case is highly individualized, influenced by factors such as injury severity, economic losses, and jurisdiction. To accurately assess the potential value of your claim and navigate the legal process effectively, it’s crucial to consult with a seasoned medical malpractice attorney.
If you believe you have a medical malpractice claim, contact Lupetin & Unatin for a free, no-obligation case evaluation. Our experienced team is dedicated to helping you understand your rights and pursue the compensation you deserve. We have a deep historical inventory of significant verdicts and settlement that allows us to accurately assess how much your case may be worth.