Medical Negligence Payout Calculator

Estimate your potential compensation for medical malpractice claims.

Select Severity Level… Minor (Short-term recovery, no permanent damage) Moderate (Long-term symptoms, partial recovery) Severe (Permanent disability, significant life impact) Catastrophic (Brain injury, paralysis, lifelong care) *This estimates compensation for physical pain and suffering.

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Estimated Total Compensation

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General Damages (Pain): $0

Special Damages (Financial): $0

Note: This is an automated estimate. Actual settlements depend on legal liability, jurisdictional limits, and expert medical evidence.

Understanding Medical Negligence Payouts

A medical negligence claim, often referred to as medical malpractice, arises when a healthcare professional fails to provide the standard of care expected, resulting in injury or death. Calculating the payout for such a claim involves two primary categories of damages.

1. General Damages (Non-Economic)

General damages compensate for the physical pain, emotional distress, and loss of quality of life caused by the negligence. These are calculated based on the severity and duration of the injury. For example:

• Minor Injuries: Infections or temporary scarring may result in smaller payouts.
• Catastrophic Injuries: Injuries leading to permanent paralysis or severe brain damage often attract the highest general damages.

2. Special Damages (Economic)

Special damages are quantifiable financial losses. This is often where the largest portion of a settlement comes from, especially if the victim can no longer work. Key components include:

• Loss of Earnings: Includes wages lost while recovering and "Loss of Earning Capacity" if the victim is forced into a lower-paying role or early retirement.
• Medical Expenses: Costs for surgeries, therapies, and medications required due to the negligence.
• Cost of Care: Professional nursing care, home modifications (like ramps), and specialized equipment.

Calculation Example

Scenario: A surgeon operates on the wrong limb, leading to permanent mobility issues for a 40-year-old construction worker.

• General Damages (Pain): $75,000
• Past Lost Earnings (1 year): $55,000
• Future Lost Earnings (to retirement): $450,000
• Medical Expenses: $30,000
• Total Estimated Payout: $610,000

Statute of Limitations

It is crucial to note that medical negligence claims have strict time limits. In many jurisdictions, you must file a claim within 2 to 3 years from the date of the incident or the date you first became aware of the injury. Consulting a legal professional early is essential to ensure your rights are protected.