ABA Family Legal Guide

Personal Injury

Negligence

Medical Malpractice

How much can I win?

Forget about those huge sums you read about in the newspaper. It may seem that people are walking out of courtrooms with wheelbarrows full of money, but in reality, those cases are few and far between. In the majority of malpractice cases, the doctor wins. Moreover, many states put a limit, known as a damages cap, on the amount of punitive damages that may be awarded and on noneconomic damages such as pain and suffering. Others states have damages caps for medical malpractice cases generally. The health-care lobby has argued that there must be a limit on damages in order to prevent the rise of malpractice insurance and health-care costs that are passed on to patients/consumers.

The dollar amounts of these caps vary, though they are often in the hundreds of thousands of dollars. While that still may sound like a lot of money, remember that you will have to pay large lawyer's fees, or perhaps a percentage of your award in a contingency arrangement. There is a good chance that you will get less than the amount of the cap. The doctor may appeal if you win, or the judge may reduce the amount of your award. Do not think of medical malpractice as a way to hit the jackpot. Think of it as a way to provide minimum compensation for your injuries.