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What is the Average Settlement of Birth Injuries Malpractice


The Average Settlement for Birth Injuries Involving Medical Malpractice is: $354,523.50

Source: Percy Martinez Esq.

Lets break down the process step, by step

Step 1 Gathering Relevant Data

We started by identifying the data from your text. These numbers represent compensation amounts in medical malpractice cases specifically related to birth injuries. Here are the figures mentioned;

The average compensation for brain damaged infants is around $524,047.
In malpractice settlements the average payment amounts to about $185,000.
A total of 738 cases with witnesses resulted in a compensation sum of approximately $2.9 billion.
For the year 1989 the average settlement amount was around $150,643.
In 1986 the average settlement amount was $80,159.
There was a jury award of $144 million in a Michigan case.

Step 2 Calculating the Average (Mean)

Up we calculated the mean or average for these amounts. To do this we needed to find out how much each case received on average from the compensation of $2.9 billion across those 738 cases. This calculation gave us an average of $3,930,081.57 per case. We then added up all these amounts. Divided them by six (the total number) to determine an overall mean value which came out to be approximately $24,961,655.10.

Step 3 Finding the Median

After calculating the value as mentioned earlier we proceeded to find another perspective, on the data by determining its value.

The median represents the value in a list of numbers. To determine the median we first arrange the values in ascending order;


Since there are six values, in total the median is calculated as the average of the fourth values. After performing this calculation we find that the median amount is $354,523.50.

Findings and Interpretation
Mean (Average); The average compensation amount amounts to $24.96 million. This high value is heavily influenced by an outlier of $144 million which significantly skews the mean upwards. It’s important to note that outliers like this can have an impact on the mean and distort our perception of values.

Median: On the hand the median compensation amount stands at $354,523.50. This measure is less susceptible to outliers. Often provides a representative figure for what can be considered as “typical” within a dataset. Especially when extreme values exist as they do in our case.

By considering the median compensation amount than just relying on the mean alone gives us a realistic understanding of typical compensations in these medical malpractice cases since it isn’t distorted by an extremely high value like that of the $144 million case mentioned earlier. While mathematically correct, relying solely on the mean might give an impression due, to outliers being present.

Multiple Datasources and Calculations: Here are the Research Documents

The legal implications of birth injury have significant consequences, especially, in the United States. Lawsuits related to brain damaged infants resulting from malpractice are known to be among the expensive with an average compensation amounting to $524,047. One of the claims made in these cases is ischemic encephalopathy (HIE) which often involves long term neurological effects like cerebral palsy and developmental delays (Donn et al., 2014).

Source: Donn, S., Chiswick, M., & Fanaroff, J. (2014). Medico-legal implications of hypoxic-ischemic birth injury.. Seminars in fetal & neonatal medicine, 19 5, 317-21 . https://doi.org/10.1016/j.siny.2014.08.005.

When examining closed obstetric malpractice claims it was found that 18 out of 19 cases were settled before reaching trial. The average payment made to plaintiffs in these settlements was $185,000. Most cases that resulted in compensation were associated with negligence and the settlement amounts were determined based on the severity of the infants injuries which typically involved harm to their well being (Rosenblatt & Hurst 1989).

Source: Rosenblatt, R., & Hurst, A. (1989). An Analysis of Closed Obstetric Malpractice Claims. Obstetrics & Gynecology, 74, 710-714.

A study focused on physicians who frequently act as expert witnesses, in birth related injury litigation revealed that 71 individuals participated as witnesses in a total of 738 cases accounting for 89% of all sampled cases. These litigations resulted in a staggering compensation amounting to $2.9 billion. The study highlights both the significance of cases and emphasizes the impact expert witnesses have on influencing litigation outcomes (Kesselheim & Studdert 2006).

Source: Kesselheim, A., & Studdert, D. (2006). Characteristics of Physicians Who Frequently Act as Expert Witnesses in Neurologic Birth Injury Litigation. Obstetrics & Gynecology, 108, 273-279. https://doi.org/10.1097/01.AOG.0000225969.08432.75.

According to a report, by the Canadian Medical Protective Association (CMPA) there has been an increase in the compensation awarded to patients in medical malpractice cases specifically those related to obstetrical care. The average settlement amount in 1989 was $150,643, which’s a rise from $80,159 in 1986. A notable portion of these settlements involved cases where newborns suffered injuries and required long term care and support (Goldman, 1990).

Source: Goldman, B. (1990). Damage awards to patients up 48% in 1989, CMPA reports.. CMAJ : Canadian Medical Association journal = journal de l’Association medicale canadienne, 143 7, 665-6 .

Another noteworthy development in malpractice lawsuits is the emergence of “megaverdicts.” An article highlights a case from Michigan where a jury awarded a $144 million in damages for a birth injury. This case exemplifies the growing trend of higher compensation amounts being granted in medical malpractice claims those involving birth injuries (Fanaroff, 2012).

Source: Fanaroff, J. (2012). ‘Megaverdicts’ a new trend in malpractice cases. AAP News, 33, 22 – 22. https://doi.org/10.1542/aapnews.20123311-22.

These studies reveal that when it comes to birth injury malpractice cases settlements can be substantial and often range from hundreds of thousands to millions of dollars. These figures reflect the gravity and lasting effects of injuries, on the lives of those affected.

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