Medical Malpractice Recovery Rates for Surgical Negligence and Improper Medication

Medical malpractice plaintiffs receive a median award of $934,487 for medical malpractice claims involving surgical negligence and improper medication, according to a recent Jury Verdict Research study that looked at malpractice cases nationally in the last seven years. Plaintiffs have a 36% chance of prevailing in these cases. The following is the listing of different types of cases and the corresponding likelihood of recovery.

Failed Sterilization 35%
Catheterization 39%
Foreign Object Left in Body 66%
Lack of Informed Consent 25%
Postsurgical Infection 43%
In Maryland, there has not been a study of medical malpractice claims that breaks out the likelihood for different types of malpractice claims as Jury Verdict Research has done nationally. In Maryland health care negligence claims overall, Plaintiff’s prevail 8% of the time with an average recovery of $806,772.

But I think the reason for the low figure is not that Maryland juries are tough on medical malpractice victims or that they are willing to give doctors a pass on their negligence (although this certainly happens in some medical malpractice cases). Instead, I think Medical Mutual, the largest medical malpractice carrier in Maryland, has a history of settling cases if it is a good case.

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