No one-size-fits-all formula exists for calculating compensation in a medical malpractice case. The amount you can recover depends on the unique facts of your situation. To determine the value of your claim, you need to consider the full scope of your financial losses, the seriousness of your injuries, and how your life has changed.
A medical malpractice attorney works to build a case that reflects the total harm you have experienced.
Key Takeaways for Compensation in a Medical Malpractice Case
- Compensation in a medical malpractice case covers both economic losses, like medical bills, and non-economic harm, like pain and suffering.
- Maryland law places a cap on the amount of non-economic damages that you can receive.
- The severity and permanence of your injury shape the value of your medical malpractice claim.
- A detailed investigation and careful calculation help determine the full value of a potential settlement or verdict.
Types of Compensation in a Maryland Malpractice Claim
When a healthcare provider's negligence causes harm, the law allows you to seek compensation for your losses. These losses (damages) fall into two primary categories.
Economic Damages: Your Financial Losses
Economic damages represent the specific, calculable financial costs you have incurred due to the medical error. These are the direct expenses and monetary losses tied to your injury. An attorney gathers bills, receipts, and employment records to prove these costs.
Common examples of economic damages include:
- Medical Expenses: This covers all costs for past, present, and future medical treatment, including hospital stays, surgeries, medication, and physical therapy.
- Lost Wages: If you were unable to work while recovering from your injuries, you may seek payment for your lost income.
- Loss of Future Earning Capacity: If the malpractice prevents you from returning to your job or forces you into a lower-paying role, you can claim the loss of future income.
- Vocational Rehabilitation: This includes the cost of training for a new occupation if you cannot continue in your previous career field.
- Other Out-of-Pocket Costs: You may pursue reimbursement for other related expenses, such as the cost of accessible modifications to your home or vehicle.
Non-Economic Damages: The Human Cost
Non-economic damages address the non-financial ways an injury affects your life. These losses don’t come with a simple price tag, but they still represent the real and personal harm you have endured.
Examples of non-economic damages include:
- Pain and Suffering: This compensates you for the physical pain and emotional distress you have experienced as a direct result of the injury.
- Disfigurement: You may seek payment if the medical negligence caused scarring or other permanent, negative changes to your physical appearance.
- Loss of Enjoyment of Life: This addresses your inability to participate in hobbies, social events, and daily life pleasures that you valued before the injury occurred.
Accurately assessing this part of your claim is complex, but it helps determine how much compensation you can get in a medical malpractice case. In Maryland, there are legal limits, or caps, on the amount of non-economic damages a person can receive.
These caps are adjusted each year. An experienced attorney can explain which cap applies to your case and how it influences your claim's overall value.
Factors That Influence Your Potential Compensation
Many different elements combine to determine the final value of a medical malpractice settlement or award. Every case is unique, so your lawyer analyzes these details to build a comprehensive picture of your losses.
Factors that influence case value are:
- The Severity of the Injury: A more severe and permanent injury generally leads to a higher compensation amount because of its greater impact on your life.
- Your Age and Health: Your age, general health before the incident, and life expectancy all play a role in calculating future damages.
- The Impact on Daily Life: Your inability to participate in hobbies, care for your family, or enjoy life as you did before the injury influences your claim’s value.
- The Strength of the Evidence: Clear proof that the healthcare provider acted negligently and directly caused your injuries strengthens your position for a higher recovery.
Can Our Family Recover Damages if the Malpractice Led to a Fatality?
If medical malpractice causes a death, Maryland law permits specific surviving family members, like a spouse or children, to file a wrongful death claim and pursue compensation for the losses they have experienced. The estate can also file a separate survival action.
Compensation in these sensitive cases may include payment for lost financial support, funeral expenses, emotional pain, and the loss of companionship, guidance, and care the loved one provided.
How a Lawyer Helps With Your Medical Malpractice Claim
A medical malpractice lawyer provides the resources and knowledge needed to pursue accountability and fair compensation. They manage every aspect of your case so you can focus on your health and your family.
Here’s how a medical malpractice attorney can help:
- Investigating the Incident: Your lawyer launches a thorough investigation by obtaining all medical records, consulting with medical professionals to establish the proper standard of care, and gathering the evidence required to prove how the provider failed you.
- Calculating Your Damages: An attorney works with financial and medical life care planners to project the full, lifetime cost of your injury, which includes future medical treatments and lost earning capacity, to demand fair compensation.
- Handling All Communications: Your lawyer acts as your official representative and manages all contact with the hospital’s attorneys and insurance companies, protecting your claim from tactics designed to minimize its value.
FAQ for How Much Compensation Can You Receive in a Medical Malpractice Case?
How Does a Lawyer Calculate the Value of a Medical Malpractice Claim?
Your lawyer values your claim by adding together all economic damages, like medical bills and lost income, and the non-economic damages, such as pain and suffering. Non-economic damages are subject to a legal cap in Maryland.
Your attorney assesses all evidence to arrive at a comprehensive valuation specific to your situation, and then negotiates with the insurer for a fair settlement.
Does Maryland Limit the Amount of Compensation in Malpractice Cases?
Maryland law places a cap on non-economic damages in medical malpractice cases, which limits the amount you can recover for intangible harms like pain, suffering, and disfigurement. There is no cap on economic damages, such as medical expenses and lost wages.
Will My Health Insurance Payments Affect My Settlement?
Your health insurance payments don’t reduce the amount the negligent party owes. However, your insurance provider may seek reimbursement from your settlement for the medical bills it paid. This process, called subrogation, is something your attorney can manage on your behalf.
Take the First Step Today
When medical negligence changes your life, you need an advocate ready to fight for you. Pursuing a claim helps you secure the financial resources needed for your recovery and your future. It also holds negligent healthcare providers accountable for the harm they cause.
The legal team at Furman Honick Law is committed to helping victims of medical malpractice. We focus on your well-being while we handle the complexities of your case.
Contact us for a confidential consultation at (410) 406-7890 today to learn about your options.
Dustin Furman
Founding Partner
Dustin Furman is a founding partner of the firm and has tried hundreds of cases, recovering tens of millions of dollars for his clients. Dustin’s journey to becoming a trial attorney started back in high school, where he worked for a premier medical malpractice firm. Dustin then graduated college early and started law school at just 20 years old. As a result, Dustin was the youngest graduate in his class at 23 years old.
Author's Bio