2026 Medical Malpractice Settlement Calculator
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Medical Malpractice FAQ
What is medical malpractice?
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing injury to a patient. This includes surgical errors, misdiagnosis, medication errors, and birth injuries.
What is the average malpractice settlement?
Surgical error settlements average $500,000. Misdiagnosis cases average $350,000. Birth injury cases can reach $1.5 million or more. Wrongful death cases average $1.2 million.
Why are expert witnesses required?
Medical malpractice cases require expert medical testimony to prove the standard of care was breached. Expert witness fees typically range from $10,000-$50,000.
What is the statute of limitations?
Most states have a 2-3 year statute of limitations for malpractice claims. Some states have "discovery rules" that start the clock when the injury was discovered.
Important: Medical malpractice cases are complex and require expert testimony. Time limits are strict. Consult a specialized malpractice attorney immediately if you suspect negligence.