Medical malpractice lawsuit payouts vary greatly depending on the circumstances. The vast majority of medical malpractice lawsuits that result in compensation are resolved outside of the courtroom, with a financial settlement. The settlement amount is determined through negotiations between the plaintiff and defendant(s) (through their attorneys) and is based on economic losses caused by the plaintiff’s injuries, plus any agreed compensation for non-economic damages which include things like emotional pain and suffering, mental anguish, impairment, and disfigurement.
It is important to note that many states have caps on the amount of non-economic damages in medical malpractice cases. Those state caps do apply to FTCA cases. For example, in Texas, non-economic damages in medical malpractice cases are capped by law, as follows:
- $250,000 for all doctors or health care providers other than a health care institution (like a hospital);
- $250,000 against a single health care institution;
- $250,000 for each additional health care institution.
It is very rare for cases to involve more than one health care institution. Most of the time, the non-economic damage cap in a given medical malpractice case is either $250,000 or $500,000 total.
In FTCA cases, state substantive law will apply to your claim, including state caps on medical malpractice cases.