When it comes to surgical errors, sometimes there are large settlements to be recovered. Other times, the settlements aren’t quite as hefty. How much you may recover after experiencing a surgical error depends on a lot of factors, and only malpractice lawyers in Maryland familiar with your case can offer situation-specific advice.
Ask Malpractice Lawyers in Maryland: How Large a Settlement Can I Get?
The amount of compensation you may recover may vary depending on what kind of malpractice case this is. Check out this site for an overview of many types of medical malpractice cases. Even when dealing specifically with a surgical error case, the value of your damages can vary considerably.
Someone who’s been left fully paralyzed will likely win a larger settlement than someone left with mild nerve damage, for example. The average medical malpractice lawsuit payout across the US is over $200,000, but you may recover a significantly larger sum.
Are There Caps On What You Can Recover in a Medical Malpractice Case?
You can recover a significant sum in a medical malpractice case if your damages warrant it, but there are still caps on how much you can recover. As of January 2023, the cap on the amount of non-economic damages that can be won in a malpractice case in Maryland is $875,000. However, that doesn’t mean that’s the maximum amount you could win in your case overall.
Your economic damages will also be factored in when calculating the full value of your claim. If you pair your economic and non-economic damages, then you may end up with a settlement of over 7 figures. However, you’ll only recover such high compensation if that’s how much your damages are valued. The amount of compensation you can recover always varies depending on the value of your actual damages.
Higher Cap for Wrongful Death
If you and another individual are filing on behalf of a lost loved one, then the cap on non-economic damages is higher. With two or more claimants in a wrongful death case, the cap on non-economic damages is $1,093,750.
What Types of Damages Can You Recover in a Surgical Error Case?
Medical Expenses
If you’ve experienced a surgical error, then you may need corrective surgery or another form of treatment going forward. You may claim compensation for the cost of any future medical treatment needed to fix or deal with an injury or illness caused by the surgical error. This applies even if you’ll need ongoing treatment for the rest of your life.
The cost of your future medical treatment will be estimated, so the costs can be factored into your settlement. You should also keep copies of any medical bills that you’ve already been issued for treatment after the surgical error.
Lost Wages
Illness and injury often require you to take time off work to heal. The income you’re missing out on while not working is damage you can recover. If you’re missing out on a bonus payment or benefits while off work, then you may seek compensation for these, too.
Lost Earning Potential
Some people can return to work once they’ve reached maximum medical improvement. Others may find themselves unable to work again. Some people will need to cut down to part-time work or switch to a lower-paying job. If any of these situations apply to you, then you may factor lost earning potential into your settlement. Lost earning potential is calculated based on your salary at the job from before the surgical error.
Lost earning capacity covers you from the time you stopped earning your old salary up to the time of your retirement. It’s one of the economic damages that may be factored into your settlement.
Pain and Suffering
Pain and suffering are a form of non-economic damages you can recover. Pain and suffering damages can refer to many types of damages, including damages for ongoing physical pain or mental anguish.
Loss of Enjoyment of Life
If you’ve been left disabled or disfigured after the surgical error, then there may be things you can no longer do. This may contribute to your quality of life being lower than it was before the error. You may recover compensation for your loss of enjoyment of life.
Loss of Consortium
If you’re seeking compensation after a loved one’s death, then loss of consortium may be factored into your settlement. Loss of consortium is supposed to compensate you for the benefits that your relationship with your deceased loved one once brought you.
If you’ve suffered a surgical error, then how much you can recover in compensation depends on the details of your injury and overall situation. You could potentially win a very high or a very low sum. Although there’s a cap on non-economic damages, with economic damages factored in, it’s possible to recover settlements of over 7 figures depending on the value of your damages.