This post is about calculating wrongful death settlement compensation payouts in Maryland. Our lawyers have handled scores of wrongful death malpractice lawsuits in Maryland and have developed a strong sense for what settlement amounts and jury payouts you can expect if you have a claim.
Wrongful Death Malpractice Settlement Amounts
What is the average settlement amount for wrongful death medical malpractice cases in Maryland and the District of Columbia?
One publication reports that the median settlement and verdict in Maryland for wrongful death medical malpractice cases over the last 20 years is $900,000.
This is far more than the verdicts in Maryland’s sister jurisdictions, Virginia and D.C., which have median payouts of $750,000 and $665,700.
Looking at malpractice cases, the per person median jury award in Maryland, according to Jury Verdict Research, is $500,000. Verdicts that year ranged from $54,521 to $7,708,064.
How Jurisdiction Impacts Wrongful Death Settlement Amounts
The jurisdiction where a wrongful death malpractice case is filed can significantly influence the outcome, particularly in terms of settlement amounts and verdict awards.
In Maryland, jurisdictions like Baltimore City and Prince George’s County are widely regarded as favorable for plaintiffs. These venues often see higher jury awards compared to other areas, largely due to their demographics, legal culture, and venue rules. Juries in these areas tend to be more diverse and may include individuals who are more empathetic toward plaintiffs, especially in cases involving medical malpractice or wrongful death. The socio-economic backgrounds of these jurors may also lead them to view large awards as necessary to compensate victims for their losses and deter future negligence. It is never a sure thing but, in general, victims who have been mistreated by the system tend to give higher awards.
Local legal culture also plays a role. Courts in Baltimore City and Prince George’s County are known reflect the values of their jurisdictions in their procedural rulings, which can impact everything from the admissibility of evidence to jury instructions. So, in the final analysis, defense attorneys and insurance companies are more willing to settle cases in these jurisdictions for reasonable amounts, knowing the greater risk of a high jury verdict if the case proceeds to trial. For plaintiffs, understanding the advantages of these jurisdictions can be pivotal in negotiating a favorable settlement or pursuing a successful trial outcome. As such, choosing the right venue is often one of the most critical strategic decisions in a wrongful death malpractice case.
Malpractice Value Outside Maryland
Jury Verdict Research also gives interesting data on median jury payouts in other jurisdictions:
Florida – $1,257,386
New York – $1,100,000
Pennsylvania – $1,000,000
Ohio – $850,000
Indiana – $750,000
Missouri – $694,000
North Carolina – $500,000.
Not all of this data is comparing apples to apples because the range changed with the publication date, but I still think this provides an interesting means of comparison. These verdict figures – as opposed to settlement ones – are misleading because not all verdicts are collectible or at least not fully collectible, particularly today when so many states have caps on non-economic damages in medical malpractice cases.
The National Practitioner Databank (NPD), a government reporting system for doctors and hospitals, reveals what is really collected in medical malpractice lawsuits. This data bank has to report every compensation payout (not the verdict amount, but settlement amounts or actual verdict paid) in a malpractice case. This includes wrongful death settlements and verdicts. NPD’s most recent annual report found that, nationwide, the average money damages recovered – by settlement or verdict – was $348,000.
What Drives Wrongful Death Settlement Payouts in Medical Malpractice Lawsuits?
The biggest driving force of settlement amounts in wrongful death medical malpractice cases in Maryland is our cap on non-economic damages in malpractice cases. The maximum recovery for noneconomic damages in Maryland in 2024 for a wrongful malpractice case is $1,075,000 (the cap for pain and suffering for one person is $860,000). (Keep in mind, there is no cap on jury payouts for economic damages.)
So if the victim is a child, on disability, retired, or does not have a spouse or dependents, the maximum compensation payout is typically the cap plus medical bills. You would not know this when you read the newspaper. You hear about big verdicts in wrongful death medical malpractice cases — like our $10 million verdict in Baltimore, for example — and you assume the victims’ families are getting all of that money.
But nothing could be farther from the truth. Even the jurors are not told about the cap when they determine damages in these cases. The trial and settlement value of these cases can increase exponentially when the decedent had a spouse or minor children or other dependents. In those cases, the value is the lost wages of the victim.
Economic Damages Can Drive Settlements
So economic damages often become the primary driver of settlement and verdict amounts in wrongful death medical malpractice cases, especially given Maryland’s cap on non-economic damages. These tangible losses include lost wages, future earning potential, medical expenses, and the financial support the decedent would have provided to their dependents. Unlike non-economic damages, these figures are uncapped, allowing for substantial compensation in cases where the economic impact is significant.
For example, if the decedent was a high-earning professional with a long career ahead, the potential lost income and benefits can amount to millions of dollars. Similarly, when a decedent was the primary financial supporter of minor children or a spouse, their future contributions to the household—ranging from mortgage payments to education costs—can drastically increase the case’s value. In these situations, expert witnesses such as economists or vocational experts play a crucial role in calculating and projecting these losses.
On the other hand, cases involving individuals with limited earning potential—such as children, retirees, or those on disability—are often more constrained in terms of recoverable damages. In such instances, the cap on non-economic damages, combined with lower economic damages, can significantly limit the potential payout. For these cases, it’s critical for attorneys to focus on illustrating the emotional and intangible losses within the cap’s constraints while thoroughly documenting any available economic damages, such as medical bills or funeral expenses.
Ultimately, the interplay between Maryland’s cap on non-economic damages and the potential for uncapped economic damages underscores the importance of thoroughly assessing the decedent’s financial contributions, age, occupation, and family status. Cases with substantial economic damages tend to command higher settlement offers or jury verdicts, as they provide a clear and quantifiable basis for compensation beyond the statutory limits on non-economic losses.
- Who can sue for wrongful death in Maryland?
- Getting more money for a wrongful death case in Maryland – what you need to do
Wrongful Death Medical Malpractice Settlements and Verdicts
The following are some examples of wrongful death medical malpractice verdicts and settlements. Our don’t just look at Maryland but pull interesting cases from around the country to give you a better idea of possible settlement amounts in wrongful death cases.
2024 Pennsylvania – $250,000 – Settlement: A 94-year-old woman was admitted to the defendant nursing home. Once at the nursing home she allegedly was caused to suffer injuries including fractures of both femurs, acute blood loss, joint effusion, and poor hygiene. The wrongful death lawsuit alleged that her injuries and death were the result of negligent care by the nursing home.
2024 Pennsylvania – $1,200,000 Settlement: The decedent, 61-years-old, died from undiagnosed melanoma that spread to other organs in his body. The wrongful death lawsuit was brought against several of his doctors with allegations that they failed to appreciate the decedent’s family history of melanoma; failed to consider alternative findings for his persistent toe wound aside from ulceration, fungus and infection; failed to order a biopsy of the toe; failed to inform their patient of the potential for skin cancer given the persistence of the toe wound; and failed to warn against prolonged fungal cream and antibiotic use.
2023 Texas – $500,000 – Settlement: The decedent, 22-years-old, was working on a roof for a building materials company when he was struck by lightning and suffered fatal injuries. The lawsuit against the decedent’s employer asserted wrongful death and gross negligence, arguing that the defendant enacted policies and practices that it knew would subject employees to an extreme degree of risk.
2022 Virginia – $1,400,000 – Settlement: An 81-year-old man suffered a heart attack. He presented to the hospital. The man was misdiagnosed. He died shortly after the hospital visit. The man’s family alleged negligence against the hospital. They claimed its staff misdiagnosed his condition, failed to rule out a heart attack, and mistracked his cardiac telemetry. This case settled for $1,400,000.
2021 Florida – $2,000,000 – Arbitration Award: A woman came under an assisted living facility’s care. She experienced multiple falls while unsupervised. The woman died from unknown injuries. Her family alleged negligence against the facility. They claimed its staff failed to supervise her and prevent her falls. The jury awarded $2,000,000.
2021 Oregon – $500,000 – Verdict: An 85-year-old man fell at home. He suffered back and flank pain. The man went to the ER. His X-rays revealed atrial fibrillation and anemia. The man was admitted. Seventy-two hours later, he was discharged to a nursing facility. Two weeks later, the man suffered respiratory distress. He returned to the ER. Tests revealed bloody pleural effusion. The hospital staff drained it. An X-ray also revealed previously unreported rib fractures. The man died hours later. His cause of death was internal bleeding secondary to his rib fractures. The man’s family alleged negligence against the hospital. They claimed its staff failed to diagnose and treat rib fractures. The jury awarded $500,000.
2021 Utah – $5,000,000 – Verdict: A 60-something woman underwent a hernia repair. During the procedure, the surgeon discovered significant adhesions. He took them down. An enterotomy occurred. The surgeon attempted to repair it. He then completed the procedure. The woman was discharged shortly after. Within three days, she suffered severe abdominal pain and confusion. The woman presented to the ER. She received sepsis and intraabdominal leak diagnoses. The woman underwent emergency surgery. The surgical team discovered a perforation. They repaired it and washed out the abdomen. The woman suffered sepsis and septic shock. Her altered mental status persisted. The woman’s family thought her prognosis was grim. Instead, her prognosis improved. However, the woman’s family was not informed of this. They inquired about withdrawing care. The physicians characterized the woman’s condition as terminal. They withdrew care. The woman died shortly after. Her family alleged negligence against the hospital. They claimed its staff misrepresented the woman’s condition. The family argued that the woman would have recovered had the hospital staff continued care. A jury awarded $5,000,000.
2021 Washington – $8,000,000 – Settlement: A 44-year-old woman underwent a hysterectomy. Following the procedure, she was extubated. The surgeon left the operating room. The attending certified registered nurse anesthetist noticed that the woman experienced inadequate ventilation. Monitoring revealed bradycardia. The CRNA then initiated bag-mask ventilation. She also administered several medications, including ephedrine, glycopyrrolate, and vasopressin. These efforts failed. The CRNA continued bag-mask ventilation. Code blue was not called. The consulted anesthesiologist noticed that the woman had dilated pupils, bradycardia, and hypotension. He eventually called a code blue. The woman went into cardiac arrest. She received CPR and epinephrine. The woman was reintubated. Her heart rate and blood pressure improved. However, her vital organs, especially her brain, had hypoperfused. She was brought to the ICU. The woman never regained consciousness. She was taken off life support. The woman’s family alleged negligence against the hospital. They claimed its staff failed to timely treat her, consult specialists, and restore perfusion. This case settled for $8,000,000.
2020 South Carolina – $900,000 – Settlement: A 65-year-old woman underwent a laparoscopy to find her ovarian cyst. During the procedure, the physician made an incision in the abdominal wall to access the abdominal cavity. However, he failed to complete it because there were adhesions around the area. Following the procedure, the woman suffered severe pain. The following day, the hospital staff discovered air in her abdomen. They also found toxicity and sepsis signs. The woman underwent an exploratory laparotomy. It revealed bowel perforations caused by the physician’s incisions. The woman subsequently experienced sepsis and multi-organ failure. She died the next day. Her husband alleged that the physician’s negligent performing of the laparoscopy caused her death. This case settled for $900,000.
2020 – New Jersey – $1,400,000 – Settlement: A 66-year-old man died from stage IV liver cancer. His wife alleged that the physicians’ substandard care resulted in his death. She claimed they failed to timely diagnose and treat Hepatitis C and follow up on diagnostic tests that revealed liver mass. Her oncology expert testified that a timely cancer diagnosis would have increased her husband’s survival chances. This case settled for $1,400,000.
2020 – New York – $9,000,000 – Verdict: A 43-year-old woman underwent a colectomy to remove a large polyp. During the procedure, the gastroenterologist negligently perforated her bowel. Following the procedure, the woman experienced severe pain. She went into septic shock and died several days later. Her husband alleged that the gastroenterologist’s negligence caused her death. He claimed he failed to timely order testing that would have revealed sepsis and inform his wife about the procedure’s risks. The jury ruled in the man’s favor and awarded $9,000,000.
2020 – Maryland – $840,000 – Verdict: A neurosurgeon performed a discectomy on a 60-something man. During the procedure, he lacerated the man’s vertebral artery. This caused significant bleeding. The neurosurgeon paused the discectomy to stop it. Following the procedure, the man failed to regain consciousness. He died the next day. A brain MRI revealed that he suffered multiple strokes after the laceration. His son alleged that the surgeon’s improper surgical techniques caused the laceration that led to his death. The Baltimore City jury awarded him $840,000.
2019 – Maryland – $1,918,400 – Verdict: A man was brought to the hospital after being involved in an ATV accident. He suffered fractures to his hip and wrist. Hospital staff fitted a right knee immobilizer, gave him crutches, and instructed him to remain flat foot to prevent further injury and displacement to his fractured hip. The man experienced severe wrist pain. Four days after the accident, he visited an orthopedic surgeon who diagnosed his wrist fracture and determined that his use of crutches put significant pressure on it. The man was fitted with a splint that limited his use of crutches. He was then referred to another orthopedic surgeon, who recommended wrist surgery to prevent arthritis. However, he failed to note the hip fracture and the man’s immobility due to his wrist pain prevent him from using crutches. The morning of the scheduled surgery, the man’s wife found him dead. An autopsy found that the cause of death was a saddle embolism. His widow alleged that the orthopedic surgeon who recommended wrist surgery failed to note that he was at high risk for a saddle embolism because of his obesity, age, functional immobility, and hip fracture. She claimed that he should have been put on anticoagulants. The Prince George’s County jury awarded a $1,918,400 verdict.
2019 – Maryland – $2,582,529 – Verdict: A 56-year-old woman died from metastasized breast cancer. Four years before, she underwent a mammogram and ultrasound testing at Advanced Radiology. The radiologist interpreted the results as benign and normal. A year later, she was diagnosed with triple-negative breast cancer. She underwent a mastectomy, chemotherapy, and radiation. However, she died three years later. Her estate hired a Maryland wrongful death lawyer and sued the physician and Advanced Radiology for properly interpreting the deceased’s mammogram and ultrasound results, causing diagnosis and treatment delays. Advanced Radiology and their physician denied liability, contending that she would have died from breast cancer even if they diagnosed her after the mammogram and ultrasound testing. The Baltimore County jury ruled in favor of the estate and awarded $2,582,529.
2019 – California – $800,000 – Settlement: A 29-year-old woman died of breast cancer, which is alleged to result from a delayed diagnosis. She initially sought treatment for a lump in her left breast the year before. However, the treating facility allegedly failed to conduct a biopsy. With no treatment, the breast cancer progressed from Stage I to Stage IIIC. Her estate alleged that an earlier diagnosis would have prevented the cancer from rapidly advancing as it did. The parties agreed to an $800,000 settlement.
2019 – Alabama – $9,000,000 – Verdict: A 20-year-old college student died from a pulmonary embolus after she visited Urgent Care twice within three days of her death. On her first visit, she complained of a sore throat, a cough, a headache, and shortness of breath. The doctor diagnosed her with bronchitis and pneumonia and prescribed her antibiotics. She returned to Urgent Care two days later, complaining of sharp chest pain and shortness of breath. Another treating doctor saw her, who diagnosed her with dyspnea and leukocytosis. He prescribed her an inhaler. The woman died the next day. Her estate alleged that both doctors failed to evaluate her for blood clots and failed to provide further testing and evaluation based on her shortness of breath. The jury awarded a $9,000,000 verdict.
2019 – Massachusetts – $1,100,000 – Settlement: A 64-year-old man arrived at the emergency department, complaining of shortness of breath. Four weeks prior, he underwent surgery for a broken ankle. An ER nurse and the ER physician’s assistant examined him and noted his shortness of breath. Within three hours of arriving at the emergency room, he underwent a CT scan. The results revealed a pulmonary embolism and a heart strain. Despite the results, he was not immediately treated. He was eventually administered heparin. However, instead of being admitted to the ICU, he was admitted to the general floor where he waited over four hours before being assigned a room. Once being placed, he went into cardiac arrest and died 50 minutes later. His estate sued the hospital for failing to timely treat the man. The hospital denied liability, claiming that the deceased showed no signs of a pulmonary embolism. Before trial, the case settled for $1,100,000.
2019 – Pennsylvania – $700,000 – Settlement: A 77-year-old man died of a heart attack while under the care of a health care facility. One year before the heart attack, he showed hemiplegia and facial drooping to his right side while undergoing physical therapy for third-degree burns to his right arm. His family hired a wrongful death attorney who filed a lawsuit alleging that the facility failed to test and treat him for a stroke. Two settlements were reached in this case. One of them amounted to $500,000, while the other amounted to $200,000.
2018 – Maryland – $15,200,000 – Verdict: A 56-year-old nursing home resident died from cardiac arrest after choking on a large piece of his dinner. The man’s medical history included myotonic dystrophy, missing teeth, dysphagia, and swallowing difficulties. Right before he died, he received care and treatment from an internist from Five Star Physicians Services. His estate alleged that the physician failed to recommend a soft-food diet based on his pre-existing conditions and failed to provide adequate monitoring and supervision. The Baltimore County jury awarded the estate a $273,026 verdict.
2017 – Maryland – $365,000 – Verdict: A man died of renal cell carcinoma after it spread to his lungs and bones. He was under the care of Advanced Radiology. His estate alleged that one of Advanced Radiology’s employees failed to properly read and interpret his chest, abdomen, and pelvis CT scans. They also alleged that they failed to identify masses on the man’s kidney. This caused delays in diagnosis and treatment. Advanced Radiology denied liability, contending that its radiologist properly read and interpreted the CT scans. The Baltimore County jury awarded $465,000.
2016 – Maryland – $3,921,000 – Verdict: A 28-year-old man experienced a heart attack and died from atherosclerosis. Prior to his death, he consulted a cardiologist for his chest pain and shortness of breath. However, the cardiologist never found cardiac causes for them despite the man’s history of hypertension, living a sedentary lifestyle, and being a former smoker. The man’s estate alleged that he failed to perform a stress test and recognize the man’s overall medical history. The cardiologist contended that his actions met the standard of care and that a stress test was unnecessary. A Baltimore County jury awarded the estate $3,921,000.
2012 – District of Columbia – $500,114 – Verdict: A woman died of breast cancer that spread to her lungs. Her estate alleged that the Center Radiology-employed radiologist misinterpreted her mammogram results as benign, despite an abnormality in her right breast. Two years later, another mammogram revealed a mass in her breast and lesions in her lungs. She received a stage IV breast cancer diagnosis. The estate hired a wrongful death lawyer and sued Center Radiology for failing to properly interpret her mammogram, failure to timely diagnose her breast cancer, and failure to timely order a diagnostic mammogram. A District of Columbia jury awarded a $500,114 verdict.
More Resources
- Statistics and sample verdicts in Maryland medical malpractice cases.
- How do wrongful death lawsuits work in Maryland?
- How to maximize the value of wrongful death cases in Maryland?
- How much can you sue for in a wrongful death lawsuit?
Hiring a Maryland Medical Malpractice Lawyer
If you have a potential wrongful death claim in Maryland, call 800-553-8082 or get a free online consultation. We have a long history of success in medical malpractice wrongful death cases. We will fight with you to maximize the value of your case.