Medical malpractice experts note that, although an estimated two to three percent of surgery patients suffer from some form of malpractice, only about half of those individuals receive financial compensation for their suffering.

Moreover, the amount of these payouts can vary widely from one region to the next, suggesting that local legal environments and the legal precedent of an area may be weighing heavily on the total amount of compensation awarded.

Part of the goal in a recent analysis of medical malpractice data that applies to Ohio and other states throughout the country is to develop a better system for predicting the payment outcomes of a malpractice lawsuit given specific factors. Researchers have already concluded that certain plaintiff allegations are more commonly awarded than other types -- negligence leading to permanent suffering being one of the most assured claims providing compensation.

Additionally, certain factors and circumstances can clearly predict whether a malpractice allegation is due for a large payment. Understanding these factors and what they predict can help plaintiffs develop goals for a lawsuit prior to filing a claim with the court.

In general, the highest-paying outcomes in malpractice suits compensate for damages that could have been easily avoided if not for negligence. If you suffer severe consequences, such as brain damage, disability, or if a loved one has died from complications arising from malpractice, you may be entitled to some of the largest compensation packages awarded in malpractice suits - damages that could easily amount to the millions of dollars.

Source: Medscape News, "Surgical malpractice claims drop, but pay-outs increase" Caroline Helwick, Nov. 14, 2011