Medical Malpractice Settlement Calculator
Estimate a medical malpractice settlement using economic damages, non-economic damages, and state-specific caps. Used by med-mal attorneys for initial valuation in negligence and standard-of-care cases.
Med-Mal Damages Components
Economic Damages: medical bills (corrective treatment), lost wages, lost earning capacity, future care. Non-Economic: pain and suffering, loss of consortium, mental anguish, loss of enjoyment. Punitive Damages: rare in med-mal — requires gross negligence (intoxication, falsifying records, deliberate harm). Most settlements are economic plus non-economic; punitives are reserved for outlier conduct.
State Caps on Non-Economic Damages
Many states cap non-economic damages in med-mal: California (MICRA): $250K rising to $750K by 2033. Texas: $250K against physicians, $500K against institutions. Florida: $500K-$1M depending on facts (some prior caps struck down). Indiana: $1.65M total damages cap. Caps are state-specific and frequently challenged constitutionally — verify current law.
The Standard of Care Hurdle
Med-mal plaintiff must prove: (1) Doctor-patient relationship existed. (2) Doctor breached standard of care (what reasonable doctor would do). (3) Breach caused injury (not just preexisting condition). (4) Damages resulted. Requires expert testimony from same-specialty physician. Many states require certificate-of-merit affidavit before filing — failure to attach = case dismissed.
Why Med-Mal Cases Settle Differently
Med-mal cases have unique dynamics: hospital/insurer defense is aggressive, expert witness costs are high ($50K-150K), short SOL with discovery rule, pre-suit notice required in most states. Most cases settle after expert depositions reveal the strength of evidence. Strong cases (clear breach + clear causation) settle for 80%+ of demand. Weak causation cases (preexisting condition issues) settle at 20-40%.
Sources: MICRA (CA Code §3333.2), state med-mal cap statutes, AMA. Last updated: May 2026. Not legal advice.