Understanding the Average Payouts of Medical Malpractice in Washington

Compensation for medical malpractice refers to the financial recovery awarded to a victim of medical negligence to compensate for the damages they have suffered, including harm, injury, loss, and expenses. This compensation is owed to the victim due to the negligent or intentional actions of a medical professional or health facility that was supposed to care for them.

Like many states, Washington has laws that govern how much compensation some victims of negligence can receive. If you are considering entering into a lawsuit over a medical malpractice claim, you may want to understand more about these laws or limits, and what impact they may have on your case. 

In this guide, you’ll find out more about how these payouts work in Washington. You’ll learn what kind of damages the jury can award you, the sources of these costs, and what types of limits may apply.  

If you or a loved one was injured due to negligent medical care, you deserve justice. Contact an experienced local medical malpractice lawyer to discuss your legal rights.

What is the Average Medical Malpractice Settlement Amounts in Washington State?

You can always keep track of the average malpractice settlement in the state of Washington by looking for the most recent annual report of the Office of Insurance Commissioner (OIC). The office has already released their report for the year of 2024, with some fresh statistics.

That report found the following about the state’s average compensation:

Attorneys reported claimants received $131 million in total compensation on 70 claims, an average of $1.9 million per paid settlement. Attorney fees totaled $36 million, an average of $508,966 per paid settlement. On average, attorney fees were 27.3% of the total compensation paid to the claimant.

The report also found some interesting facts about the people who were receiving these awards. For example, average settlements were higher when they were paid to younger claimants. The data revealed that:

Settlements involving claimants under 21 years old had the highest average paid indemnity at $3.7 million, and the highest average legal expense at $1.3 million.

Gender could also play a role in the amount of the settlement: 

Settlements for male claimants were significantly more costly than settlements for female claimants. Average indemnity payments to male claimants were 114.2% higher than payments to female claimants, and average legal expenses were 74.2% higher.

Remember, this is only the average for claims that are successful, not claims made. If you want your claim to have a better chance at succeeding, you need to choose a supportive legal team that knows how to move these claims through court.

Now that you understand the averages, it’s important to consider how courts arrive at these figures in the first place. 

Compensation for Medical Malpractice: Understanding Damages

The average amounts that you just learned about were developed by adding together many complex legal formulas. You’ll learn more about these shortly. First, it’s important to understand In order to collect damages either through an out-of-court settlement or at trial, a medical malpractice claimant must show that:

1. The health care provider owed a duty of care to the patient
2. The duty of care was breached through negligent or intentional conduct
3. The negligent care resulted in patient harm
4. A dollar value can be placed on that harm (damages)

Compensation for medical malpractice cases typically fall into two categories: special (economic) and general (non-economic). In some cases, punitive damages may be awarded.

1. Special or economic damages

Economic damages are quantifiable financial losses incurred by the victim as a direct result of the negligence. In cases that involve medical malpractice, these damages can be very serious. As a result of malpractice that you’ve experienced:

• Medical expenses: Medical expenses are often high in these cases. The compensation that is awarded is usually calculated to cover current and future medical bills, hospitalization costs, surgeries, medications, rehabilitation, and any other necessary medical treatments related to the malpractice.
• Lost income or loss of earnings: If the victim is unable to work or experiences a decrease in earning capacity due to the malpractice, the victim may be entitled to compensation for lost wages and potential future loss of income. This money may cover the amount the victim should have made, or cover the costs of occupational therapy that they need to return to their chosen profession. 
• Other financial losses: Your injury may also involve other financial losses. Compensation for additional economic damages may include expenses for home modifications or medical equipment, transportation costs for medical appointments, and other related out-of-pocket expenses.

2. General or non-economic damages

Washington law does not hold that all damages can be measured in economic terms. The law allows victims of medical malpractice and their lawyers to make the case that non-economic damages are owed.

Non-economic damages are more subjective and aim to compensate the victim for intangible losses that are not as easily quantifiable. These may include:

• Physical pain and suffering: Compensation for physical pain, discomfort, and emotional distress caused by the malpractice, including ongoing pain and future suffering. Washington does not have a set formula for calculating the award for pain and suffering. Instead, this amount is awarded on a case-by-case basis.
• Emotional distress: Compensation for psychological trauma, anxiety, depression, and other mental or emotional distress resulting from the malpractice.
• Reduced quality of life: Compensation for loss of enjoyment of life and the inability to pursue hobbies or participate in activities because of the malpractice.
• Loss of consortium: In cases where the malpractice has significantly affected the victim’s relationship with their spouse or family members, damages may be awarded for the loss of companionship, support, or sexual relations.
• Effects of long-term or permanent disability: Compensation for any permanent physical scarring, disfigurement, or disability resulting from the malpractice.

3. Punitive Damages

In rare cases where the healthcare professional’s conduct was particularly egregious or intentional, punitive damages may be awarded to punish the defendant and deter similar behavior.

In Washington State, punitive damages are not typically awarded, but there are numerous statutory exceptions where punitive damages may be allowed.

Ultimately, the amount of pain and suffering damages is up to the jury in Washington State. If you choose a jury trial, then the jury will have a significant amount of latitude to decide how much you’ll be awarded. If you chose to have a judge trial, then the judge will have that power instead.

You may have the chance to consider what you’d accept many times during the trial. Your personal injury lawyer will assess the circumstances of your case and calculate what a reasonable settlement would be for your injuries and losses. This settlement will be offered whenever possible. 

It’s important to note that laws around damages may vary from state to state, including the amount of compensation that can be awarded in medical malpractice cases. Factors such as the severity of the injury, the impact on the victim’s life, and the level of negligence involved are considered when determining the appropriate amount of damages to be awarded.

The Seattle Malpractice Lawyers You Want on Your Side

The personal injury attorneys at Tinker Law Firm have been winning birth injury, medical malpractice, and personal injury cases for individuals and their loved ones in Seattle and across Washington State since 1974. 

Our Seattle’s Medical Malpractice Firm seeks justice for injury victims who have been harmed by preventable medical errors, and the negligent or abusive actions of another. Our clients pay no fees or expenses to file a personal injury claim; our firm advances out-of-pocket expenses and is only reimbursed when we recover a settlement on your behalf. 

Do not delay; personal injury claims in Washington State have a statute of limitations, which means they must be filed within a certain time from the date of the injury. Three-year statute of limitations on injuries to a person or the rights of another and a two-year statute of limitations that applies to any other kind of case.

Call us now at 206-842-1000 or use our medical malpractice contact form to schedule a free consultation with one of our skilled and experienced injury attorneys.