Medical malpractice claims require proving a provider deviated from the accepted standard of care and that deviation caused harm — a higher bar than ordinary negligence. Many states also cap non-economic (pain and suffering) damages in malpractice cases specifically, which this calculator accounts for as a note, not a hard limit, since caps vary by state and are frequently litigated.
This tool uses the multiplier method: (medical bills + lost wages) × a pain-and-suffering multiplier based on injury severity (1.5x for minor, 3x for moderate, 5x for severe), minus any reduction for your percentage of fault. It's the same starting-point approach insurance adjusters commonly use in negotiations — not a guaranteed outcome.
If you select a state, this tool applies that state's actual comparative/contributory negligence rule and, where researched, its noneconomic-damages cap for this claim type — see the methodology page for exactly which states and rules are currently covered. If your state's rule bars recovery at your entered fault percentage, this tool shows an explanation instead of a dollar amount — that percentage is your own estimate, not a legal finding, and several of these rules have real exceptions.
Many states cap non-economic damages in malpractice cases specifically (commonly $250,000–$500,000, though amounts and rules vary widely and some states have no cap or have had caps struck down as unconstitutional). Economic damages like medical costs and lost wages are typically uncapped.
Statutes of limitations for malpractice are often shorter than for other injury claims and may start from when the harm was discovered rather than when it occurred — check your state's specific rule.
Almost always. Most states require an affidavit or certificate of merit from a qualified medical expert just to file the claim, and expert testimony to prove the standard of care was breached.