Medical malpractice lawsuits are high-stakes personal injury cases that routinely result in multi-million-dollar settlements and verdicts. These cases come in various types (such as misdiagnosis and surgical error) and each category of malpractice tends to occupy its own place on the average settlement value spectrum. For instance, surgical malpractice cases have a higher average value compared to cancer misdiagnosis or nursing home malpractice cases.
Birth injury cases have the highest average value of any type of medical malpractice case. Nationally, the average settlement and/or verdict in a birth injury case is roughly 20-30% higher than the average payout in all other types of medical malpractice cases. In Maryland, this gap is even bigger with birth injury cases having an average value close to 50% higher than other malpractice cases.
In this post, we will explain the driving factors that give birth injury cases such high values. We will also look at sample settlements and verdicts from actual birth injury cases around the country to illustrate how these factors actually work.