General | FAQs

What formula do you use to determine damages in a medical malpractice case?


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Your Wisconsin medical malpractice lawyer can obtain a solid estimate of the recovery you deserveThere is no formula where you can simply plug in numbers and come up with an accurate estimate of medical malpractice damages. That is because every instance of medical malpractice is different and every victim of medical malpractice is unique. A formula could not accurately identify the potential damages of each individual medical malpractice victim and, thus, does not provide you with useful information if you’ve been hurt or your loved one has been killed by medical malpractice.

Factors That Are Relevant to Medical Malpractice Damages

Some of the factors that are relevant to the amount of damages that you can recover in a medical malpractice case include:

  • The quality of the evidence that is available about the malpractice.
  • Your willingness and ability to negotiate with medical malpractice insurers.
  • The insurance company’s willingness to treat you fairly.
  • Your medical condition prior to the medical malpractice.
  • Your medical condition, prognosis, and life expectancy now.
  • Your age.
  • Your pain.
  • Your income prior to the medical malpractice.
  • Your income now.
  • Your medical costs.
  • Your emotional suffering.

Of course, this list is not all-inclusive and it is impossible to put a universal dollar figure on it that would apply to every medical malpractice victim.

How to Get an Accurate Estimate of Medical Malpractice Damages

While a formula would not give you an accurate estimate of your medical malpractice damages, there is a way to get such an estimate. You have the right to sit down with an experienced medical malpractice lawyer to discuss the unique aspects of your case and your damages.

Contact us online or call us directly at 1-800-800-5678. Your initial consultation is free and may provide you with useful information about whether or not you should pursue a claim for medical malpractice.

Jason F. Abraham
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Managing Partner, Hupy and Abraham

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