Medical Malpractice Statistics 2026

Over 250,000 Americans die each year due to medical mistakes, according to Johns Hopkins University. Medical malpractice statistics show that common and preventable mistakes during surgery, providing medications, and making a diagnosis often lead to preventable injury or death.

Since 1979, Sokolove Law has fought for those harmed through no fault of their own. Call (800) 995-1212 now for a free case review.

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Medical Malpractice & Negligence Statistics at a Glance

When health care providers like doctors or hospitals fail to meet accepted standards of care, and that failure causes serious injury or death, it may be considered medical malpractice.

Affected families may then choose to take legal action against the health care provider or facility responsible, with billions paid out from these claims each year. Medical malpractice statistics can help patients and families understand that they are not alone and there are options.

Essential Medical Malpractice Statistics

  • Medical errors ranked as the third leading cause of death behind heart disease and cancer, according to Johns Hopkins University.
  • 44% of adverse or harmful events that Medicare patients in hospitals suffered were preventable, according to the Office of Inspector General (OIG).
  • About 12 million U.S. adults are affected by a diagnostic error each year, according to BMJ Quality & Safety.
  • An estimated 795,000 Americans are seriously disabled or die annually due to misdiagnosis, per Johns Hopkins.
  • Between 2015 and 2025, there were over 123,000 medical malpractice payouts reported to the National Practitioner Data Bank (NPDB).
  • For 2025, $2.93 Billion was paid out in medical malpractice claims across the U.S., according to the World Population Review.
  • Most medical malpractice claim payouts ranged anywhere from $50,000 to $499,999.
  • Sokolove Law has recovered more than $1.5 Billion in medical malpractice cases nationwide.

For more than 45 years, Sokolove Law has fought to hold powerful health care companies and institutions accountable. There are no upfront costs to work with us, and it costs nothing to learn about your options.

Medical Malpractice Statistics in the United States

While the U.S. health care system delivers exceptional care to millions, roughly 1 in 7 Medicare recipients in the U.S. experience some form of adverse event during a hospital stay, per OIG.

Learn more about U.S. medical malpractice statistics:

  • In 77% of medical malpractice cases involving serious injuries or deaths, at least 1 clinical judgment problem occurred, according to Harvard University’s Controlled Risk Insurance Company (CRICO).
  • An estimated 41% of Americans believe a medical error was made in their own care or the care of a family member, according to an IHI/NPSF Lucian Leape Institute survey.
  • Only about 1 in 8 patients harmed by medical negligence ever files a malpractice claim, per the Insurance Information Institute.
  • Up to 795,000 Americans are hurt or die each year due to diagnostic errors, according to Johns Hopkins Medicine.

“More research on preventing medical errors from occurring is needed to address the problem."
– Dr. Martin Makary, Johns Hopkins Professor of Surgery

Medical malpractice is far more common than many people realize, and the vast majority of victims never seek justice for what happened to them. However, those affected may be able to pursue financial compensation for their injury or illness.

Types of Medical Malpractice Statistics

Medical malpractice can take many forms, such as a missed cancer diagnosis, a surgical error, or a preventable birth injury. Any type of malpractice can have serious consequences for patients and families, including long-term disability or even death.

Five notable types of medical malpractice include: 

  1. Birth injuries
  2. Emergency room errors
  3. Failure to diagnose
  4. Medication errors
  5. Surgical malpractice

At Sokolove Law, we help families who have been impacted by these types of medical malpractice and more to seek the financial compensation they deserve.

Birth Injury Malpractice Statistics

When babies are left with serious birth injuries, parents deserve answers — and health care providers and hospitals deserve to be brought to justice.

The typical birth injury malpractice settlement is worth about $1 Million on average, though some families could receive much more depending on their situation.

Notable birth injury malpractice statistics include: 

  • 41% of birth injury malpractice claims involve cerebral palsy or another form of newborn brain injury, according to medical malpractice insurer Coverys.
  • 59.6% of OB-GYNs have been sued at least once in their career, per the American Medical Association.
  • Approximately 1 of every 143 babies born in the U.S. suffer a birth injury, according to Medscape. These injuries also account for 2% of deaths around the time of birth.
  • An estimated 70% of cerebral palsy cases result from birth injury, with roughly 1 in 345 U.S. children diagnosed with the condition, per the Centers for Disease Control and Prevention (CDC).
  • Just under 10% of brachial plexus injuries are believed to be caused by obstetrician errors, according to the Journal of Patient Safety and Risk Management.
  • Obstetric malpractice accounts for 14.8% of all medical malpractice claims filed in the U.S., according to Health Affairs.
  • Sokolove Law has recovered over $1.1 Billion in birth injury malpractice claims.

For example, we secured $10.5 Million for a family from Missouri whose child was born with cerebral palsy and $2.75 Million for the loved ones of a baby suffering from Erb’s palsy.

A birth injury lawsuit could help your family receive compensation for expenses, hold care providers accountable for malpractice, and allow healing to begin.

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Emergency Room Error Statistics

Families count on the medical staff in emergency rooms to quickly and properly treat serious injuries or illnesses. However, emergency room mistakes can lead to serious or even fatal complications.

Millions of emergency room errors happen every year in the United States alone, and the consequences can be devastating to patients and their loved ones.

Here are key emergency room error statistics: 

  • 36.3% of emergency room patients were given the wrong medication, as noted by the International Journal of Clinical Pharmacy.
  • 7.4 million emergency room patients suffer misdiagnoses every year, according to the U.S. National Library of Medicine. 370,000 suffer serious injuries or die as a result.
  • Among patients who had to return to the emergency room within a week due to adverse events or complications, 56.6% of visits were for issues that could have been prevented.
  • Just 5 conditions accounted for 39% of misdiagnoses that led to harm in emergency rooms: stroke, heart attacks, aortic aneurysm, spinal cord injuries, and venous thromboembolism (serious blood clots in the legs).
  • In an emergency department sepsis study, only 25.4% of patients received antibiotics within the critical first hour. Delays in diagnostic steps were linked to more than a 2.5-hour delay in starting treatment, according to PLOS One.
  • Maryland has the longest emergency room wait times in the country with an average of 4 hours and 11 minutes, followed by Massachusetts at 3 hours and 40 minutes, according to Nursa. Long waits may prevent key treatments from being started, and some patients may give up and leave before ever being seen.
  • An estimated  75% of emergency physicians will be named in a malpractice suit at some point in their career, according to the Western Journal of Emergency Medicine.

Around 89% of medical diagnostic error claims involved failures related to a medical professional’s judgment or decision-making, according to the U.S. National Library of Medicine.

In such critical environments where care is needed quickly, the risk of errors may increase — but the consequences of a mistake can cause serious and lasting injuries.

Failure to Diagnose Statistics

Diagnostic errors are the most common and most expensive type of medical malpractice in the United States, according to BMJ Quality and Safety.

Anywhere from 12 million to 100 million U.S. adults are misdiagnosed annually. Between 40,000 and 4 million of these misdiagnoses result in serious injuries.

Here are essential failure to diagnose statistics:

  • 15 medical conditions, including stroke, sepsis, pneumonia, lung cancer, and heart attack, account for nearly half of all serious harm caused by diagnostic errors, per BMJ Quality & Safety.
  • 40.9% of diagnostic errors resulted in death, making it the most common outcome over injuries and disabilities.
  • Cancer misdiagnosis is the most frequently litigated diagnostic error category in the U.S., according to CRICO.
  • Diagnostic errors account for 28.6% of all medical malpractice claims, making them the most common category, according to the National Practitioner Data Bank.
  • Failure to diagnose a stroke was the leading cause of serious injury or death among patients who weren’t correctly diagnosed, according to Johns Hopkins Medicine.
  • The mean misdiagnosis rate for 3 very serious health issues (cancer, vascular issues, and infections) was 11.1%, according to BMJ Quality & Safety.
  • Stroke was considered the most serious diagnosis to miss in emergency rooms.
  • 17% of stroke patients are misdiagnosed, according to the U.S. National Library of Medicine.

A missed or delayed diagnosis can mean the difference between early treatment and a life-threatening complication.

Because many diagnostic errors are only discovered after permanent harm has been done, families may not realize medical negligence played a role until it’s too late to intervene medically. However, they may still have time to pursue legal action.

Medication Error Statistics

Medication errors like incorrect prescriptions, wrong dosages, and dangerous drug interactions injure more than 1.5 million Americans every year, per the National Academies of Sciences, Engineering, and Medicine.

Mistakes involving medications are the most common and most easily preventable reason why patients get hurt, according to the U.S. National Library of Medicine.

Here are essential medication error statistics:

  • Medication errors account for up to 41.3% of all hospital admissions across the world, according to the U.S. National Library of Medicine.
  • Medication errors contribute to roughly 5.6% to 20% of medical malpractice claims across the United States, per BMJ Open.
  • 400,000 preventable medication-related injuries occur in hospital settings annually.
  • Roughly 800,000 medication errors occur in nursing homes or other long-term care settings per year.
  • 102 errors involving anesthesia were reported in a study of 100,093 surgical patients, according to BMC Anesthesiology.
  • Treating medication errors poses significant financial burdens, amounting to $1.3 Billion spent annually.

Medication errors can occur at every stage of care, including at the pharmacy, in the clinic, in the hospital, or at the bedside.

If possible, loved ones should closely monitor which medications their loved one is receiving and note any strange or sudden changes in their health.

Surgical Malpractice Statistics

Patients who need surgeries trust that their care teams have the experience to perform them properly. However, instances of surgical malpractice can lead to complications, require corrective treatment, and cause additional expenses.

It’s believed that 400,000 surgical mistakes per year are due to human error, according to Baylor College of Medicine.

More surgical malpractice statistics include:

  • 5.2% of all adverse events related to surgeries could have been prevented, per the American Journal of Surgery.
  • 65% of surgical malpractice claims involved situations where the patient was seriously hurt. In another 23% of claims, the patient died from surgical mistakes.
  • 90% of general surgeons are sued for medical malpractice at least once in their careers, according to Becker’s ASC Review.
  • At least 1 in 5 surgical complications directly stem from medical errors, according to CNN.
  • More than 75% of medical malpractice claims are centered on surgical mistakes, according to the Journal of the American Academy of Orthopaedic Surgeons.
  • Roughly 1 out of 112,000 general surgeries were done on the wrong body part, done incorrectly, or performed on the wrong person, as noted by the U.S. Department of Health and Human Services (HHS).
  • 5.78% of all plastic surgery patients experience some type of complication, according to Sage Journals.
  • Plastic surgery mistakes accounted for 3.31% of medical malpractice claims filed, as noted by Plastic and Reconstructive Surgery.

When surgeries cause preventable harm, families suffer needlessly. At Sokolove Law, we may be able to help families harmed by surgical mistakes receive financial compensation. Contact us now for a free consultation.

Medical Malpractice Statistics by State

Medical malpractice happens in every state, but where you live can significantly affect both the frequency of claims and the size of potential settlements. Factors like state damage caps, population size, and local laws all influence the data.

California Medical Malpractice Statistics

Between 2023 and 2025, 964 medical malpractice claims were filed in California, according to the Medical Board of California.

Here are essential California medical malpractice statistics: 

  • The average California medical malpractice claim paid out $270,901, according to a nationwide analysis of payouts by the Massachusetts Division of Insurance.
  • In 2022, a new law increased non-economic damages in California malpractice cases to $350,000 for injuries and $500,000 for wrongful death. These caps will increase in pre-set increments yearly until reaching $750,000 and $1 Million, respectively.
  • The Medical Board of California received 4,588 reports of gross medical negligence or incompetence for the 2024-2025 fiscal year.

Sokolove Law has California personal injury attorneys on staff who may be able to help your family seek compensation for medical malpractice.

While every case is different, we’ve recovered millions for some, such as $7.25 Million for a California child with cerebral palsy.

Florida Medical Malpractice Statistics

In 2024 alone, 3,340 medical malpractice claims were resolved in the state of Florida, as noted by the Florida Office of Insurance Regulation.

Florida also recorded the second-highest malpractice premiums for physicians out of all 50 states, sitting at $541 Million.

Essential Florida malpractice statistics include: 

  • 35.7% of Florida medical malpractice cases that closed in 2024 involved the death of a patient, per the Florida Office of Insurance Regulation.
  • The cap on most non-economic medical malpractice damages in Florida is set at $500,000.
  • If medical malpractice leads to death or a long-term unresponsive state, the cap is raised to $1 Million.
  • Hospitals were the most common facilities named in Florida malpractice cases, being listed in 47.6% of claims, according to the Florida Office of Insurance Regulation.
  • Men filed slightly more medical malpractice claims in Florida (1,710) compared to women (1,630) in 2024.
  • There is a 2-year statute of limitations on medical malpractice claims in Florida, according to the Florida Bar. Families can speak with an attorney to learn how these laws impact their case.

Our Florida medical malpractice lawyers may be able to fight for the compensation and peace of mind your loved ones deserve. For instance, we recovered $9 Million for a family whose baby suffered injuries at birth and $3.25 Million for a man whose lung cancer wasn’t diagnosed promptly.

Indiana Medical Malpractice Statistics

Indiana was the first state to pass major medical malpractice reform laws through its Medical Malpractice Act in 1975, according to the Indiana State Medical Association (ISMA).

Through this legislation, medical negligence damages were capped, and the Indiana Patient’s Compensation Fund was put into place so patients could get fair payouts.

Essential Indiana medical malpractice statistics include: 

  • 37.37% of medical malpractice claims were filed against hospitals in Indiana, and 36.8% were filed against physicians.
  • The average payout for malpractice claims in Indiana ranges from $818,515 to $886,753.
  • The cap on malpractice damages varies by severity, but ranges from $750,000 to $1.8 Million, according to the Indiana Patient’s Compensation Fund.
  • Personal injury claims involving adults accounted for 48.9% of malpractice claims in the state, followed by adult wrongful death claims at 32.6%, wrongful death of a child at 10.2%, and personal injury of a child at 8.3%.
  • Since 1975, over $3.37 Billion has been paid out in Indiana medical malpractice claims.

At Sokolove Law, our Indiana personal injury attorneys can determine if you’re able to file a medical malpractice claim for an injury, misdiagnosis, or death that could have been prevented.

Massachusetts Medical Malpractice Statistics

From 2017 to 2021, there were 1,149 medical malpractice lawsuits filed in Massachusetts. These resulted in total financial payouts of over $700 Million, per the U.S. Department of Health and Human Services.

Massachusetts medical malpractice statistics include: 

  • 4,047 disciplinary actions have been taken against health care providers from 2002 to 2025.
  • 8,382 medical malpractice claims have been filed in Massachusetts between 1986 and 2025, per The Boston Globe.
  • 79,436 doctors are featured in The Boston Globe’s database of health care providers who have faced disciplinary action, medical malpractice claims, or criminal charges.
  • 9.6% of cardiothoracic surgeons practicing in Massachusetts had medical malpractice claims filed against them, according to NHPR.
  • Doctors in the state have as many as 20 successful medical malpractice claims against them.
  • In 2021 alone, insurance companies had to pay out a mean of $602,956 to resolve Massachusetts medical malpractice claims.
  • Massachusetts malpractice claims must go through a tribunal process, which results in 16% of cases being thrown out. Still, an attorney can fight to see your case through.

Our medical malpractice attorneys are well-prepared to fight for Massachusetts residents. We secured $10 Million for a Boston negligence patient and $1.5 Million for a patient whose ovarian cancer diagnosis was delayed.

“My baby had to stay in the NICU. Now, she is almost 3 and isn’t developing like other kids. Sokolove Law helped us fight for justice and get the money we needed to give our child special care and treatments."
– Mother in Massachusetts & Firm Client

At Sokolove Law, our Massachusetts malpractice attorneys are ready to support you and your family.

Maryland Medical Malpractice Statistics

It’s believed that thousands of Maryland residents suffer needless injuries or die due to medical mistakes and malpractice every year.

However, the state’s Health Care Malpractice Claims Act of 1976 has made it so that medical malpractice claims are the most costly, longest, and most difficult type of civil action in the state, per the Maryland Association for Justice.

Here are key Maryland medical malpractice statistics and figures:

  • An estimated 600 to 650 malpractice claims are filed annually in the state, as noted by the Maryland Association for Justice.
  • 73% of medical malpractice claims involving mistakes that led to injuries resulted in compensation, according to the New England Journal of Medicine.
  • 13% to 16% of medical malpractice legal claims in the state that led to financial payouts involved situations other than injuries.
  • 60% of those who filed medical malpractice claims in Maryland were women.
  • The average age of those filing Maryland malpractice lawsuits was 38 years.
  • 19% of claims involved babies and birth injuries, while an additional 12% of those who filed were 65 or older.
  • 19% of those who were sued in malpractice cases were OBGYNs. Surgeons and physicians were named in 17% and 16% of claims, respectively.

“The doctor who delivered my baby was pulling way too hard, and we later learned he had a brachial plexus injury. I’m still paying for occupational therapy, and the costs are overwhelming. I honestly don’t know what I’d do without Sokolove Law’s help.”
– Maryland Birth Medical Malpractice Client

Patients and families impacted by Maryland medical malpractice have sometimes received millions of dollars with our help. Our team secured $1.5 Million for a woman whose breast cancer diagnosis was delayed for 2 years and $5 Million for a baby born with cerebral palsy.

Missouri Medical Malpractice Statistics

A bill by the Missouri Senate set financial caps on medical malpractice in 2015. These caps are set to slowly increase to keep pace with the cost of living, according to Missouri’s Department of Insurance.

Here are notable Missouri medical malpractice statistics: 

  • The median payout for Missouri medical malpractice settlements and verdicts was $1.68 Million, according to Kaiser Health News.
  • Missouri currently caps non-economic damages for medical malpractice at $481,493 for non-catastrophic health issues and $842,614 for catastrophic complications like paralysis, loss of limbs, or severe brain damage.
  • Patients have 2 years to file a medical malpractice lawsuit under Missouri’s statutes of limitations. However, these are subject to change. Speaking with an attorney can help you more clearly understand your options.

Missouri also has “apology laws” in place, essentially meaning that if providers apologize to patients for a medical mistake, the apology can’t be admitted as evidence in malpractice lawsuits, according to Missouri Medicine. However, there are still ways to pursue justice.

At Sokolove Law, our Missouri personal injury lawyers may be able to build strong claims using evidence that helps prove a health care provider’s negligence caused you harm.

New Hampshire Medical Malpractice Statistics

Families in New Hampshire expect health care providers to properly treat or manage serious health care conditions. However, when hospitals or doctors fail in their basic duties, patients could suffer from catastrophic injuries, permanent impairments, or even death as a result.

Notable New Hampshire medical malpractice figures include:

  • New Hampshire was home to the surgeon with the most malpractice claims filed against them in the entire country, with 21 medical malpractice settlements related to patient injuries and deaths, per NHPR.
  • 15% of New Hampshire nursing homes were cited for serious health care violations, according to ProPublica.
  • There is no cap on financial damages for patients who’ve suffered medical malpractice in the state.
  • Hospitals across the state have a 13.1% vacancy rate across all health care jobs as of 2026, according to the New Hampshire Bulletin. For nurses, the vacancy rate reached 16.8%.

Right now, New Hampshire medical malpractice settlements against physicians are often not made a part of public record, per NHPR. Still, it’s possible that families harmed could recover millions of dollars in some cases.

For example, our New Hampshire attorneys secured $3.25 Million for a woman who suffered a delayed cancer diagnosis and $4.75 Million for a child born with a serious brain injury.

New York Medical Malpractice Statistics

New York pays more in medical liability compensation than any other state, according to the Lawsuit Reform Alliance of New York. New York had the highest insurance premiums for medical malpractice reported in 2024 at $833 Million.

Essential New York medical malpractice statistics include: 

  • $51.5 million was paid to resolve medical malpractice cases in New York City during 2023 alone, according to the New York City Comptroller.
  • In 2022, $434 Million was paid throughout New York State through medical malpractice settlements and verdicts, per the National Practitioner Data Bank.
  • New York State ranked third for “nuclear verdicts,” or those that paid out $10 Million or more, per the U.S. Chamber of Commerce’s Institute for Legal Reform.
  • Medical malpractice claims made up 22.5% of the state’s “nuclear verdicts.”

The New York State Physician Profile allows anyone to look up information about their health care providers, including any legal actions or sanctions that have been filed against them.

We’ve recovered millions of dollars for New Yorkers, including $13.47 Million for a woman harmed by malpractice and $4 Million for a man who lost his wife to a delayed diagnosis.

Rhode Island Medical Malpractice Statistics

Around 32.7% of medical malpractice settlements in Rhode Island reach payouts of $1 Million or more, according to the American Property Casualty Insurance Association.

Every medical facility in Rhode Island must have malpractice insurance plans valued at up to $3 Million, according to Cornell’s Legal Information Institute.

More essential Rhode Island medical malpractice figures include: 

  • 53.4% of Rhode Island nursing homes had been cited for serious violations related to health care, leading to $4.71 Million in fines, according to ProPublica.
  • 91.7% of Rhode Island long-term care facilities had issues with controlling nursing home infections.
  • Between 2020 and 2025, there were 38 medical malpractice lawsuits in Rhode Island that settled for over $1 Million, per the American Property Casualty Insurance Association.
  • Since 2015, the number of Rhode Island medical malpractice settlements valued at over $1 Million has increased by 153%.
  • The overall number of medical malpractice settlements in Rhode Island has grown by 48% between 2015 and 2025.

Rhode Island has no cap on awards for non-economic damages in medical malpractice cases, which could potentially lead to more significant payouts for patients and families.

In one notable example, our Rhode Island medical malpractice lawyers recovered $3.5 Million for a patient who was given an incorrect diagnosis.

States with the Most Medical Malpractice Payouts

New York led the U.S. in highest medical malpractice written premiums, with many densely populated states like California and Florida rounding out the top 10.

StateMedical Malpractice Premium
1. New York$1.79 Billion
2. California$1.07 Billion
3. Florida$1.01 Billion
4. Pennsylvania$91 Million
5. Illinois$62 Million
6. New Jersey$58 Million
7. Texas$55 Million
8. Georgia$46 Million
9. Massachusetts$42 Million
10. Maryland$34 Million

Source: Florida Office of Insurance Regulation

Alaska had the highest average medical malpractice payout per claim at $1.3 Million. Many states with the highest payouts were concentrated in Northeast states like Connecticut, Maine, and Massachusetts, per the Massachusetts Division of Insurance.

States with the Fewest Medical Malpractice Payouts

Many of the top 10 states that pay the lowest average amounts per medical malpractice claim are situated in the southern or western parts of the United States.

Texas pays less than any other state, at just under $200,000 per average claim.

StateAverage Medical Malpractice Payout
1. Oklahoma$266,963
2. South Dakota$265,455
3. Michigan$251,210
4. Kansas$250,609
5. Kentucky$247,043
6. Montana$244,167
7. Indiana$224,337
8. Louisiana$214,500
9. Idaho$203,939
10. Texas$196,185

Source: Massachusetts Division of Insurance

With that information in mind, it’s still possible to potentially receive millions of dollars depending on the specifics in your case, even if the average payout in your state is much lower.

While there are no guarantees, our experienced medical malpractice attorneys can work to build a strong claim on your behalf and fight for meaningful compensation for your family.

Medical Malpractice Damage Caps by State

Many states in the U.S. have what are called damage caps, which prevent patients from accessing more than a specific amount of compensation.

Medical malpractice damage caps can dramatically influence the compensation patients receive, regardless of the severity of the harm.

Here are statistics on state medical malpractice damage caps:

  • 22 states have caps on non-economic damages awarded for pain and suffering, according to the National Association of Benefits and Insurance Professionals (NABIP).
  • 24 states do not have non-economic damage caps, including New York, Florida, and New Jersey.
  • 5 states cap total damages: Louisiana, Indiana, Nebraska, Virginia, and New Mexico.
  • Virginia has the highest damage cap at $2.75 Million as of July 2026. It will gradually increase to $2.95 Million by July 2030.

We can help explain how damage caps may impact your medical malpractice payout and fight for the financial justice you deserve.

You May Be Entitled to Compensation

If you or someone you love suffered a serious injury or death due to medical malpractice, Sokolove Law may be able to help you pursue compensation.

Get a Free Case Review

Medical Malpractice by Health Care Setting & Provider

Medical mistakes can occur in any type of hospital or health care facility, and the consequences can be devastating for families and loved ones.

Most medical errors happen in emergency rooms, followed by general hospitals, surgery settings, and trauma facilities, per the Annals of Medicine and Surgery.

Health Care SettingPercentage of Medical Error Claims
1. Emergency rooms10.47%
2. General hospitals8.77%
3. Trauma facilities8.12%
4. General surgical settings8.12%
5. Neurosurgery settings7.60%
6. Laboratories7.06%
7. Critical Care Units (CCUs)6.81%
8. Intensive Care Units (ICUs)6.55%
9. Operation rooms6.42%
10. Pharmacies6.42%

Nurses committed the most medical errors, making up 52.6% of cases. Physicians accounted for 24.6% of mistakes, followed by health care aides at 13.89%.

In 20.3% of cases, an error in question caused minor harm to patients. Around 2.3% of patients suffered serious harm from medical mistakes, and in 1% of cases, the patients died.

Medical Malpractice Death Statistics

In the most severe situations, instances of medical malpractice lead to the death of a patient. Families expected that medical providers would do everything they could to keep a patient safe and healthy, not contribute to their passing.

Sadly, thousands of patients across the country pass away every year from preventable medical errors.

Notable medical malpractice death statistics include: 

  • 1.5% of nursing home patients died directly due to inadequate care, according to ProPublica.
  • 12.6% of patient deaths following surgical procedures were believed to be the result of preventable mistakes, according to the Annals of Surgery.
  • 13.6% of adverse events that patients experience in hospitals lead to death, according to Harvard Medical School.
  • 27.6% of adverse events stem from medical negligence.
  • 51% of emergency department deaths were believed to be preventable, per Critical Care.
  • 47% of patients’ deaths were linked to inappropriate treatments, and 38% of deaths were tied to diagnostic issues.
  • Up to 72% of malpractice claims involving ICUs were related to patient deaths, per the Journal of Intensive Care Medicine.

At Sokolove Law, we may be able to help you pursue justice if a loved one passed away due to preventable medical errors or malpractice.

While no amount of compensation can ever undo what happened, it may help your family to start healing and get a sense of closure.

Medical Malpractice Lawsuit Statistics

When medical mistakes lead to long-term injuries or death, families may have the option to file lawsuits to hold care providers and hospitals accountable.

Medical malpractice lawsuits can sometimes pay out $1 Million or more, helping patients and loved ones afford treatments needed to heal and get justice by holding the at-fault parties financially accountable.

Notable medical malpractice lawsuit statistics include: 

  • When analyzing the 50 highest medical malpractice verdicts in 2024, the average payout was $56 Million, per the Doctors Company. In 2022, the average was much lower at $32 Million.
  • 93% of all medical malpractice lawsuits reach out-of-court settlements, per the U.S. Department of Justice.
  • Just 1.8% of doctors accounted for half of over $83 Billion medical malpractice payouts recorded in the National Practitioner Data Bank (NPDB), according to the Journal of Patient Safety.
  • The average medical malpractice settlement is worth $425,000, and the average jury verdict awards over $1 Million per Medscape.
  • In some cases, medical malpractice verdicts have exceeded $100 Million, according to the American Medical Association.
  • Roughly 1 in 8 patients file medical malpractice claims related to adverse health events, according to the New England Journal of Medicine.

Since 1979, Sokolove Law has recovered over $1.5 Billion total to date for patients and loved ones harmed by medical malpractice and negligence.

Get Help from a National Medical Malpractice Law Firm

If you or a loved one suffered serious injury or death because of a medical error, you may have the right to pursue compensation through a medical malpractice lawsuit.

For more than 45 years, Sokolove Law has stood up to powerful hospitals, health care systems, and insurance companies on behalf of injured patients and grieving families nationwide.

There are no upfront or out-of-pocket costs to work with Sokolove Law for a medical malpractice lawsuit. We only get paid if you do.

Call (800) 995-1212 now or fill out our contact form for a free case review. Time may be limited to file a claim, so don’t wait.

Medical Malpractice Statistic FAQs

What percent of doctors get sued for malpractice?

The majority of doctors face at least one medical malpractice claim by the time they reach the age of 65, according to the New England Journal of Medicine. Around 75% of general physicians specializing in low-risk care and 99% of those who focus on high-risk situations are likely to have a claim made against them.

Get a free case review now to find out if you’re able to file a medical malpractice lawsuit with help from our experienced attorneys.

What are the odds of winning a medical malpractice suit?

The odds of winning a medical malpractice lawsuit vary greatly depending on each specific patient’s situation, available evidence, and the experience of their legal team. Around 93% of claims settle out of court.

At Sokolove Law, we have decades of experience in filing and successfully recovering compensation from medical malpractice lawsuits.

What state has the lowest medical malpractice payout rates?

Texas had the lowest average medical malpractice payout rate, with claims being valued at only $196,185, according to a review of claims filed in all 50 states and the District of Columbia. However, each case is unique, and results may vary.

Which state has the highest rate of medical malpractice?

New Mexico leads the country with 131 medical malpractice reports per every 1,000 health care providers, according to Becker’s ASC Review.

At Sokolove Law, we are able to help clients around the country pursue compensation and justice for medical malpractice and negligence.

What do medical malpractice fake injuries statistics show?

Statistics reveal that the vast majority of medical malpractice claims involve legitimate injuries. In a study of 1,452 closed medical malpractice cases, just 3% involved claims where there actually was no clear injury.

Health care professionals and hospitals often have powerful attorneys at their disposal to fight legitimate malpractice claims. We’re here to level the playing field for you and your family.

How many medical malpractice lawsuits are filed each year?

Roughly 17,000 medical malpractice lawsuits are filed in the United States each year, according to Duke University. Of these lawsuits, more than 9 out of 10 reach out-of-court settlements, with the typical payout being worth $425,000.

Our team can assess your situation, determine your eligibility for a lawsuit, and work to pursue the strongest payouts available.

How many Americans die from medical mistakes?

An estimated 250,000 Americans die every year from preventable medical errors, according to a landmark Johns Hopkins study. This estimate puts medical errors as the third leading cause of death in the U.S., behind only heart disease and cancer.

Doctors have a duty to keep patients as safe and secure as possible — when they fail to do so, deadly medical mistakes could be the result.

How frequently do medical errors happen in the U.S.?

Medical errors happen across every type of health care setting, from hospitals and emergency rooms to clinics and nursing homes. In fact, nearly 4 in 10 harmful events that Medicare patients experience in hospitals are the result of preventable issues, per the Office of Inspector General (OIG).

The most serious errors occur most often in emergency departments, general hospitals, and trauma facilities, as noted by the Annals of Medicine and Surgery.

How often are patients misdiagnosed in the U.S.?

Diagnostic errors affect approximately 1.5 million adults each year in the United States alone, according to the National Academies of Sciences, Engineering, and Medicine. A misdiagnosis can lead to major financial strains, with around $1.3 Billion in annual costs to treat those who were harmed.

Contact us now for help pursuing medical malpractice lawsuits to afford treatments and other expenses.

What is the average payout for a malpractice suit?

The average medical malpractice payment in the U.S. was approximately $425,000 for settlements and more than $1 Million for verdicts, per Medscape. With that said, each payout is unique depending on the specific factors in a medical malpractice case.

At Sokolove Law, our experienced attorneys can work to recover meaningful financial compensation for eligible patients and families.

Which state has the most medical malpractice cases?

New York consistently leads the nation in medical malpractice payouts, with $1.79 Billion reported in malpractice payments — by far the highest in the country.

Florida, Illinois, Pennsylvania, and California rounded out the top 5. New York’s lack of damage caps and its dense population help explain its consistent top ranking.

What is the most common type of medical malpractice?

Diagnostic errors, including missed, delayed, or incorrect diagnoses, are the most common type of medical malpractice. Anywhere from 12 million to 100 million people are misdiagnosed annually, per BMJ Quality and Safety.

Most people will suffer from at least one diagnostic mistake at some point in their life, according to the U.S. National Academy of Medicine.

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

Most states require medical malpractice lawsuits to be filed within 2 to 3 years of the injury or its discovery, though this deadline, known as the statute of limitations, varies by state. Some states allow longer deadlines for cases involving minors or undiscovered injuries.

Because these deadlines are strict and missing them can prevent recovery entirely, it’s critical to speak with a medical malpractice attorney as soon as possible. Fill out our contact form now to get started.

Author:Sokolove Law Icon.
Sokolove Law Team

Contributing Authors

The Sokolove Law Content Team is made up of writers, editors, and journalists. We work with case managers and attorneys to keep site information up to date and accurate. Our site has a wealth of resources available for victims of wrongdoing and their families.

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