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What’s a fair settlement in a medical malpractice claim?

Navigating a medical malpractice claim can be overwhelming. You’re supposed to be able to trust your medical professionals with your well-being. When that trust is broken due to negligence, the repercussions for your future can be immense – and a medical malpractice claim is often necessary.

A fair settlement is crucial in a medical malpractice claim so that you can be adequately compensated – because that compensation may have to provide for your future. But, what exactly does a fair settlement look like?

It all depends upon the damage that was done

Like any other personal injury claim, the compensation you can receive can include both economic and non-economic damages. 

Economic damages include things like your actual medical bills, future estimated medical needs, lost wages and losses in earnings capacity. Non-economic damages include things like your lost quality of life, the damage done to your mental state, your pain and suffering and other hard-to-quantify losses. 

Up until 2020, Oregon had a $500,000 limit on non-economic damages in medical malpractice claims, but that has been eliminated except in wrongful death actions. While displeasing to the medical establishment, that has allowed for fairer settlements and verdicts for patients who have been dealt life-changing injuries by medical mistakes.

In general, even a “fair” settlement cannot undo the damage done by medical malpractice – but it can provide for a victim’s future and help take care of their family’s needs. However, it takes considerable experience and skill to properly evaluate a claim and understand what sort of settlement is just. Legal guidance that’s tailored to the specifics of your claim can help you understand more.