What Types of Cases Get Maximum Payout for Medical Negligence?

Medical malpractice lawsuits can vary significantly in their settlement amounts, depending on the nature and severity of the medical errors or medical negligence involved. Our clients often ask, “What types of cases get maximum payout for medical negligence?“

Most medical malpractice cases leading to substantial compensation involve severe and permanent damage or wrongful death. At The Kryder Law Group, LLC Accident and Injury Lawyers, our medical malpractice lawyers are committed to seeking justice with serious medical malpractice claims all across Illinois.

The Ten Most Common Types of Medical Malpractice Cases in the US

According to the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB) over the 10 year period of 2014-2023, the top ten most common types of medical malpractice payouts were:

1. Improper Performance: failed to execute a medical procedure correctly. (23,857 cases, avg. payout over $280,000) The largest payment for this issue was approximately $22.5M.
2. Failure to Diagnose: concluding that the patient has no disease or condition that needs follow-up or observation. (19,543 cases, avg. payout over $430,000) Five payments were in excess of $20M, with a highest payment of approximately $27.5M.
3. Improper Management: poorly coordinated or monitored a patient’s care. (7,867 cases, avg. payout over $350,000) The highest payment was about $12.5M for this type of malpractice.
4. Delay in Diagnosis: late recognition of a patient’s medical condition. (7,271 cases, avg. payout over $430,000) The largest payment for this type of malpractice was about $11.5M.
5. Failure to Treat: neglected necessary treatment of diagnosed conditions. (6,069 cases, avg. payout over $250,000) About $22.5M was the single highest payment in this time period.
6. Failure to Recognize a Complication: ignored signs or failed to acknowledge arising complications. (4,145 cases, avg. payout over $400,000) The highest payment of these cases was approximately $17.5M.
7. Failure to Monitor: neglected necessary tracking of a patient’s condition. (3,970 cases, avg. payout over $330,000) Of these cases, the one with the highest payment was for about $8M.
8. Improper Technique: used an incorrect method during a medical procedure. (3,960 cases, avg. payout over $277,000) One case received a payout of approximately $9M for this issue.
9. Delay in Treatment: postponed necessary medical care. (2,996 cases, avg. payout over $390,000) Approximately $8.5M was the highest payment for this delay.
10. Allegation: not otherwise classified. (2,522 cases) Some of the highest payments for this issue were approximately $8.4M.

Startlingly, over 50% of the largest medical malpractice settlements and payments in this reporting period were for Improper Performance and Failure to Diagnose.

The average medical malpractice settlement value for these two types was between $280,000 and $430,000.

When Medical Malpractice Cases End in Wrongful Death

According to a Johns Hopkins Medicine study from 2016, more than 250,000 deaths are caused by medical error each year. This makes it the third leading cause of death in the United States after heart disease and cancer.

How Do the Medical Malpractice Settlements and Awards in Illinois Compare to US Cases?

With a population of approximately 12.8 million, Illinois comprises about 3.8% of the total U.S. population, which is estimated to be 342 million people in 2024. Relative to its population size, Illinois sees a proportionate number of medical malpractice payments, often mirroring the national trends in types of cases.

The 10 Most Common Types of Medical Malpractice in Illinois

In the ten-year period of 2014-2023 reported in NPDB, over 50% of medical malpractice payments in Illinois were made because of medical malpractice damages due to the failure to diagnose a disease or condition or improper performance.

The following were the most common types of medical malpractice cases that resulted in a payment in Illinois:

1. Improper Performance: failed to execute a medical procedure correctly. (578 cases, average payout over $380,000) Two of these cases had payouts of approximately $5M.
2. Failure to Diagnose: concluding that the patient has no disease or condition that needs follow-up or observation. (455 cases, average payout over $480,000) One case resulted in a payout of approximately $18.5M.
3. Improper Management: poorly coordinated or monitored a patient’s care. (162 cases, average payout over $640,000) One case payout was approximately $7.5M.
4. Delay in Diagnosis: late recognition of a patient’s medical condition. (158 cases, average payout over $660,000) Two payments amounted to about $3M each.
5. Failure to Treat: neglected necessary treatment of diagnosed conditions. (129 cases, average payout over $350,000) The top payment was about $5M.
6. Failure to Recognize a Complication: ignored signs or failed to acknowledge arising complications. (103 cases, average payout over $550,000) The highest payment was about $4M.
7. Failure to Monitor: neglected necessary tracking of a patient’s condition. (98 cases, average payout over $640,000) The top payment for this issue was around $8M.
8. Improper Technique: used an incorrect method during a medical procedure. (95 cases, average payout over $460,000) For this issue, the highest payment was about $4.3M.
9. Delay in Treatment: postponed necessary medical care. (68 cases, average payout over $610,000) A payout of approximately $2.5M was the largest during this 10 year period for this type of malpractice.
10. Allegation: not otherwise classified. (54 cases, average payout over $320,000) $2.5M was the largest approximate payout for this issue.

What Kinds of Medical Malpractice Claims in the US Had the Highest Payouts?

In medical malpractice, certain types of cases consistently lead to the highest payouts. These cases often involve catastrophic or permanent birth injuries like severe brain damage, spinal cord injuries, and other consequences from negligence.

The Top 10 Types of Medical Malpractice with the Highest Payouts in the US

According to the NPDB, the highest medical malpractice payouts, for the ten-year period of 2014-2023, averaged from $19.5 million to $27.5 million. Just 36 cases accounted for about $413M in medical malpractice payments. These top paying cases were for:

1. Failure to Diagnose – ~$27.5M.
2. Unnecessary Procedure – ~$27.5M.
3. Failure to Treat Fetal Distress – ~$27.5M.
4. Allegation Not Otherwise Classified – ~$27.5M.
5. Delay in Treatment of Identified Fetal Distress – 2 Payments of ~$22.5M.
6. Failure to Treat – ~$22.5M.
7. Delay in Performance – ~$22.5M.
8. Improper Performance – ~$22.5M.
9. Contraindicated Procedure – ~$19.5M.
10. Improper Conduct – ~$19.5M.

Examples of these types of cases could include mismanagement of a pregnancy leading to permanent birth injuries like cerebral palsy, an incorrect dosage of medication causing severe, permanent damage to a patient’s liver and kidneys, or a delay in diagnosing and treating a life-threatening condition like cancer leading to catastrophic consequences.

What Kinds of Medical Malpractice Claims in Illinois Had the Highest Payouts?

Again, according to NPDB statistics from the ten-year period of 2014-2023, the highest medical malpractice payouts in Illinois ranged from $5.5 million to $22.5 million with just 23 cases accounting for $259.3 million in average medical negligence payouts.

The Top 10 Types of Medical Malpractice in Illinois with the Highest Payments

The top paying cases in Illinois were for:

1. Delay in Treatment of Identified Fetal Distress – $22.5M.
2. Failure to Diagnose – ~$18.1M.
3. Failure to Identify Fetal Distress – ~$14.5M.
4. Communication Problem Between Practitioners – ~$14.5M.
5. Contraindicated Procedure – ~$10M payout.
6. Failure to Monitor – ~$8M payout.
7. Unnecessary Procedure – ~$8M payout.
8. Improper Management – ~$7.5M payout.
9. Failure to Delay a Case When Indicated – ~$5.6M payout.
10. Failure to Treat Fetal Distress – ~$5.5M payout.

These types of cases could include circumstances such as a failure to diagnose and treat a life-threatening condition like heart disease, miscommunication between medical professionals leading to serious consequences, or the performance of an unnecessary procedure such as surgery resulting in permanent harm to the patient.

What Medical Practice Gets Sued the Most?

According to the American Medical Association (AMA), surgeons and ob-gyns are the most sued medical practitioners, with 75% of those over 55 reportedly facing a malpractice lawsuit at some point in their careers.

What Is My Medical Malpractice Claim Worth?

There isn’t a standard medical malpractice settlement formula for calculating the value of claims. Each case is evaluated on its unique circumstances and merit and an experienced medical malpractice lawyer can help determine the value of a case.

A medical malpractice attorney considers both economic and non-economic factors when calculating medical malpractice claims. This can include current medical bills, past and future medical expenses, and lost wages, pain and suffering, loss of quality of life, and more.

What Is NOT Medical Malpractice?

Not all medical outcomes that are unsatisfactory can be categorized as a medical malpractice incident. This includes unavoidable complications or diseases that progress despite appropriate care. Typically, a medical malpractice case must result in permanent injury. It must be proven that the actions, or inactions, of a healthcare professional caused a patient harm.