Medical Malpractice Statistics in the USA

Medical malpractice is a major concern for both patients and healthcare providers. Leading studies attribute hundreds of thousands of deaths annually to medical errors. While not all errors are due to negligence, too many people are forced to deal with the reality that undue injury, illness, or loss of a loved one could have been prevented, had they received proper medical care.

Medical malpractice statistics in the United States play a key role in understanding the scope and impact of medical errors on patient safety and healthcare quality, helping victims better realize that they are not alone and that there is hope for justice after their trust has been broken. Of course, no settlement can bring back a loved one or truly compensate for serious harm done, but malpractice claims can and do inform healthcare providers, policymakers, and even patients attempting to prevent others from suffering the same losses. If you believe you may have been a victim of medical malpractice in Pennsylvania and are considering your legal options, consult the statistics below and reach out to an experienced malpractice attorney for guidance.

Medical Malpractice Statistics Overview

Data supplied by the National Practitioner Data Bank, a public resource maintained by the U.S. Department of Health and Human Services, provides valuable insights regarding medical malpractice cases in the last 5 years:

• From 2019 to 2023, there were over 53,000 medical malpractice claims in the U.S. that resulted in a monetary payout to the victim, with total payouts totaling over $20.2 billion. In 2023 alone there were 11,248 medical malpractice cases totaling over $4.67 billion in payouts.

• About 44% of successful medical malpractice claims involved allegations of negligence during inpatient stays. About 42% involved outpatients.

• New York, Florida, Pennsylvania, California, and Illinois led the nation in medical malpractice payouts from 2019 to 2023. These five states together accounted for 43% of total payouts despite accounting for only about 28% of successful cases.

• About 32% of successful medical malpractice claims involve the death of a patient. Approximately 11% involve patients who became paralyzed or otherwise disabled and require lifelong care. Another 37%  involve permanent injuries that range from major to significant.

• The most common type of malpractice was failure to diagnose or incorrect diagnoses, accounting for nearly one-third of all successful claims. Another 23% were related to surgical error. An additional 12% were related to birth injuries and obstetrics. Medication errors also account for a significant portion of malpractice claims.

• Consent settlements as opposed to court-imposed judgments account for over 96% of total medical malpractice payouts.

General trends in medical malpractice reveal some notable developments, such as a gradual decrease in the number of claims in recent years. While a noticeable dip in total cases and payouts in 2020-21 can be attributed to the Covid-19 pandemic, the overall downward trend may also be due to increases in regulations and procedural hurdles that many states have enacted to make filing medical errors claims more difficult and more cost prohibitive. For this reason, it is particularly important to work with an experienced medical malpractice lawyer who can ensure proper compliance and present a strong case to achieve the best possible outcome.

Medical Malpractice Deaths

Death Statistics Overview

Statistics on deaths resulting from medical malpractice are alarming, with estimates suggesting that medical mistakes contribute to hundreds of thousands of deaths in the United States every year. While the exact total varies from study to study, most experts agree that medical errors play a role in upwards of 200,000 fatalities annually, leaving only heart disease and cancer as more prevalent causes of death.

The leading types of medical error deaths tend to echo the most common types of malpractice lawsuits:

• More than 100,000 fatalities annually are likely related to medication mistakes including prescription errors, incorrect dosing, improper administration of a drug, failure to avoid preventable adverse drug interactions, etc.
• About 12,000 medical malpractice deaths per year stem from surgical errors including incorrect or unnecessary procedures, wrong site surgeries, retained foreign bodies (i.e., sponges, gauze, clamps, or other surgical tools left inside a patient), and other preventable complications.
• Diagnostic errors such as missed or delayed diagnoses also contribute to a significant number of fatalities every year since they can prevent or impede necessary, life-saving treatment.

Considering how many people die from medical errors each year, there is a clear and urgent need to hold healthcare practitioners and entities accountable for negligence—if for no other reason than to prevent them from repeating those errors and causing further harm. Taking legal action after losing a loved one due to medical malpractice can help ease a lingering financial burden, and more importantly, may protect future patients from the same unspeakable loss.

Average Payouts for Medical Malpractice

Average Payouts Overview

Medical negligence cases across the U.S. result in payouts totaling billions of dollars every year. Data analysis published in 2022 by prominent national medical malpractice insurance provider Diederich Healthcare—which reported total payouts exceeding $3.1 billion—breaks down the division of payment amounts by type of medical malpractice case:

• Diagnostic errors: 32% of payments
• Surgical errors: 23% of payments
• Treatment-related errors: 20% of payments
• Obstetrics/birth injuries: 12% of payments
• Medication errors: 4% of payments
• Anesthesia errors: 3% of payments
• Other: 5% of payments

Furthermore, the data help us better understand how injury severity plays a role in average payout:

• Quadriplegia, brain damage, life care: $939,475
• Major permanent injury: $627,380
• Significant permanent injury: $451,281
• Death: $395,509
• Minor permanent injury: $236,524
• Major temporary injury: $227,009
• Emotional injury: $166,371
• Cannot be determined: $82,825
• Minor temporary injury: $94,354
• Insignificant injury: $35,605

The data tells us about the types of malpractice cases most commonly litigated successfully: diagnostic errors and surgical errors account for more than half of all payouts, likely because they are more easily proven with medical records than something like a medication error, which could be more subjective.

The data also points to factors that influence average settlement or judgment amount. In general, injuries and other conditions resulting from medical negligence that have long-term consequences and require extensive medical care (for example, a cancer misdiagnosis that greatly worsens due to delayed treatment) will result in the highest payouts so that victims are covered adequately for their ongoing needs.

Medical Malpractice by State

State-by-State Analysis

The number of successful malpractice cases in each state and the total dollar amounts of payouts give us an idea of the most patient-friendly states in terms of filing medical negligence claims.

Five of the states with the highest number of successful malpractice claims over the last decade (2014-2023) include:

• New York 14,424
• Florida 11,353
• California 11,262
• Pennsylvania 8,033
• New Jersey 5,584

These are also the top five states with the highest total payouts (amounts rounded) during the same time period:

• New York $6.33 billion ($438,851 average payout per claim)
• Pennsylvania $3.36 billion ($418,274 average payout per claim)
• Florida $3.11 billion ($273,936 average payout per claim)
• California $2.45 billion ($217,545 average payout per claim)
• New Jersey $2.4 billion ($429,799 average payout per claim)

Conversely, the following five states (including DC) have had the fewest successful malpractice cases over the last decade:

• North Dakota 88
• Vermont 140
• Wyoming 142
• South Dakota 177
• Dist. of Columbia 186

These are also the five states with the lowest total payouts over the same time:

• North Dakota $24.89 million ($282,840 average payout per claim)
• Wyoming $55.97 million ($394,154 average payout per claim)
• Vermont $56.93 million ($399,500 average payout per claim)
• Dist. of Columbia $86.25 million ($463,709 average payout per claim)
• South Dakota $97.65 million ($551,694 average payout per claim)

States may enact their own limits on compensation for both economic damages (i.e., real, measurable costs of medical negligence) and/or non-economic damages. Pennsylvania, seen as one of the top states to be a medical malpractice claimant, has no statewide cap on damages.

The Beasley Firm can help with Medical Malpractice Lawsuits

Statistics aside, every case of medical negligence has its own unique details. If you have been affected by medical malpractice in Pennsylvania or elsewhere, it’s important to consult a trustworthy and dedicated injury lawyer who can provide reliable legal advice.

Consider some of the key ways that a medical malpractice attorney can help with your case:

• Assessing your claim: Determining if you have a legitimate malpractice case and helping you estimate total future treatment costs and other economic damages for which you might be entitled to compensation.
• Managing dates and documents: Legal claims involve meeting critical filing deadlines and completing extensive paperwork properly. Failure to do so could jeopardize your case.
• Communicating on your behalf: Dealing with insurance companies, expert witnesses, the defendant’s legal representation, and other key figures as your case progresses.
• Helping you reach the best outcome possible: Negotiating toward a reasonable and adequate settlement and advising you if and when you should accept a settlement or move ahead with a trial.

The Beasley Firm in Philadelphia has obtained more than $2 billion on behalf of our clients and was even recognized among the “Best Law Firms” in the area of medical malpractice by U.S. News. Work with our nationally recognized law firm to pursue the just compensation you deserve. Call (215) 866-2424 or contact us online for a free case evaluation.

Frequently Asked Questions

What factors influence medical malpractice payouts?

All states have different specific regulations in regard to where you can file a malpractice claim. Previously, Pennsylvania state code dictated that medical negligence lawsuits must be filed in the county in which the alleged malpractice occurred. However, a recent state Supreme court ruling now allows medical malpractice lawsuits to be filed in any county in Pennsylvania, as of January 2023.

What should I do if I believe I am a victim of medical malpractice?

Seek legal guidance as soon as possible after becoming aware of the potential malpractice. An injury lawyer can help you determine the strength of your case.

How long do I have to file a medical malpractice lawsuit?

The statute of limitations in a particular state determines how long you have to file a lawsuit for medical malpractice. In Pennsylvania, you have 2 years from the time you first become aware that malpractice or negligence may have caused your injury, illness, or other undue condition. If you were a minor when you suffered harm or loss due to medical negligence, you have two years from the time you turn 18 years old.