Other Determining Factors in a Medical Malpractice Claim

Whether or not your case goes to trial, no exact formula exists to calculate the damages owed to an injured patient. Instead, to determine an accurate value of your case, a good lawyer will evaluate all angles in context, hire experts for consultation, and conduct thorough examinations of all documents. In addition to the types of calculable or incalculable damages you need, the most common factors affecting medical malpractice cases are:

State caps on compensation.

Many states set a limit on how much an injury victim can recover in a medical malpractice case; however, Rhode Island has no cap.

Shared fault.

The defense may argue that the plaintiff was at least partially at fault for his injury if he didn’t follow up properly with his doctor, misused medications, or didn’t fully follow a doctor’s orders.

Verdicts on similar cases.

If the circumstances surrounding your case and injuries are similar to another case that already reached a settlement or verdict, a court may consider how much the victim in that case was able to recover when awarding your compensation.

Permanent or temporary injury.

You may be entitled to more compensation, both calculable and incalculable, if your injuries and the aftermath will persist for your whole life.


Christopher L. Russo
Helping Rhode Island personal injury victims for nearly three decades to get the compensation they deserve.