From analyzing test results to prescribing medications to performing delicate surgical procedures, physicians in all capacities do life-saving work.
But practicing medicine doesn’t always go according to plan. And when it goes awry, there’s one thing you can count on:
A medical malpractice lawsuit.
Where do malpractice allegations happen the most, and which parts of the US have the highest medical malpractice payouts?
Find out in our guide to medical malpractice payouts by state.
Key Takeaways
- The average medical malpractice settlement in the USA is worth $329,565.
- With a total of $6.298 billion over the past ten years, the state of New York has the most expensive medical malpractice payouts, while North Dakota has the least expensive, with only $24.89 million.
- Medical specialty often correlates with medical malpractice incidents, with 90% of surgeons reportedly receiving malpractice claims at some point in their careers.
- A strong medical malpractice insurance policy helps protect against malpractice claims.
Table of Contents
Medical Malpractice Lawsuits: What Every Physician Fears
A medical malpractice claim might hit you in the case your patient suffers harm due to faulty care or any other violation of medical malpractice laws.
In the USA, the value of medical malpractice settlements averages out at $329,565.
Malpractice is one word that no physician ever wants to hear. But it happens all too often.
If a patient suffers harm due to your medical care (or your negligence in providing the proper standard of care), they have the right to sue you for monetary damages. The patient will need to prove their case, and the physician will be able to defend themselves in court.
According to the Journal of the American Medical Association (JAMA), the average medical malpractice settlement in the USA is worth $329,565.
Learn more: A Physician’s Guide to Protection from Medical Liabilities.
Medical Malpractice Payouts Vary by Region
The total value of malpractice payouts, as well as the total number of medical malpractice cases, greatly vary between US states.
The East Coast region has the highest payouts, while the Midwest has the lowest.
According to the National Practitioner Data Bank, 39.455 billion dollars in total were paid in malpractice claims in the ten years from 2014-2023.
However, some states have seen much higher medical malpractice payments than others, particularly those on the East Coast.
Which States Have the Highest Total Medical Malpractice Payouts?
The state of New York tops the list with payouts totaling 6.298 billion dollars over the ten-year period.
The second highest-paying state is Pennsylvania, with a total of $3.176 billion.
The following states round out the list of the top ten states with the greatest malpractice payouts:
| State | Malpractice Payout Amount |
| Florida | $3.080 billion |
| California | $2.438 billion |
| New Jersey | $2.373 billion |
| Illinois | $2.336 billion |
| Massachusetts | $1.626 billion |
| Georgia | $1.405 billion |
| Texas | $1.086 billion |
| Maryland | $944.62 million |
Which States Have the Lowest Payouts?
The ten states and territories with the lowest total payouts are as follows:
| State | Malpractice Payout Amount |
| Idaho | $145.06 million |
| Alaska | $138.35 million |
| Puerto Rico | $128.53 million |
| Delaware | $114.92 million |
| Montana | $112.94 million |
| South Dakota | $97.65 million |
| District Columbia | $86.24 million |
| Wyoming | $55.97 million |
| Vermont | $55.11 million |
| North Dakota | $24.89 million |
What About the Other States?
Here’s a list of the full medical malpractice statistics collected by the NPDB over the 2014-2023 period for all US states, including Puerto Rico and the District of Columbia.
The list includes the total number of medical malpractice claims per state over the period, along with the total payout.
| State | Malpractice Payout Amount | Number of Claims |
| Alabama | $351.86 million | 703 claims |
| Alaska | $138.35 million | 193 claims |
| Arizona | $698.57 million | 1,987 claims |
| Arkansas | $205.61 million | 597 claims |
| California | $2.438 billion | 11,183 claims |
| Colorado | $391.44 million | 1,156 claims |
| Connecticut | $802.62 million | 1,378 claims |
| Delaware | $114.92 million | 279 claims |
| District Columbia | $86.24 million | 185 claims |
| Florida | $3.080 billion | 11,247 claims |
| Georgia | $1.405 billion | 3,004 claims |
| Hawaii | $196.43 million | 366 claims |
| Idaho | $145.06 million | 357 claims |
| Illinois | $2.336 billion | 3,809 claims |
| Indiana | $591.56 million | 2,570 claims |
| Iowa | $297.77 million | 695 claims |
| Kansas | $297.80 million | 1,435 claims |
| Kentucky | $458.76 million | 1,409 claims |
| Louisiana | $625.63 million | 2,685 claims |
| Maine | $183.84 million | 343 claims |
| Maryland | $944.62 million | 2,311 claims |
| Massachusetts | $1.626 billion | 2,624 claims |
| Michigan | $735.10 million | 3,213 claims |
| Minnesota | $370.64 million | 594 claims |
| Mississippi | $201.16 million | 701 claims |
| Missouri | $620.64 million | 1,833 claims |
| Montana | $112.94 million | 380 claims |
| Nebraska | $156.64 million | 461 claims |
| Nevada | $262.96 million | 895 claims |
| New Hampshire | $259.30 million | 487 claims |
| New Jersey | $2.373 billion | 5,539 claims |
| New Mexico | $419.76 million | 1,171 claims |
| New York | $6.298 billion | 14,359 claims |
| North Carolina | $464.38 million | 1,432 claims |
| North Dakota | $24.89 million | 88 claims |
| Ohio | $877.00 million | 2,190 claims |
| Oklahoma | $405.97 million | 1,525 claims |
| Oregon | $531.98 million | 1,104 claims |
| Pennsylvania | $3.176 billion | 7,687 claims |
| Puerto Rico | $128.53 million | 2,152 claims |
| Rhode Island | $263.00 million | 497 claims |
| South Carolina | $484.78 million | 1,583 claims |
| South Dakota | $97.65 million | 177 claims |
| Tennessee | $450.87 million | 1,330 claims |
| Texas | $1.086 billion | 5,583 claims |
| Utah | $238.98 million | 826 claims |
| Vermont | $55.11 million | 136 claims |
| Virginia | $619.95 million | 1,503 claims |
| Washington | $715.73 million | 1,709 claims |
| West Virginia | $338.46 million | 1,005 claims |
| Wisconsin | $208.12 million | 530 claims |
| Wyoming | $55.97 million | 142 claims |
Are There Caps on Medical Malpractice Payouts?
Only six states in the U.S. impose caps and limitations on how much gets paid out in monetary damages for malpractice.
These states are Colorado, Indiana, Louisiana, Nebraska, New Mexico, and Virginia.
Twenty states have no caps or limits as to how much money gets awarded in a malpractice suit.
It comes as no surprise that some of the states without caps on damages include New York, Pennsylvania, Florida, and New Jersey – the four states that consistently pay the most.
As a physician, where you work dramatically affects your salary.
But it also affects how much your medical malpractice insurance will pay should they find you guilty of malpractice or medical negligence or decide to settle out of court on a malpractice claim.
Related: How Much Does Malpractice Insurance Cost?
What Other Factors Contribute to a Difference in Medical Malpractice Payouts?
The incidence of medical malpractice cases strongly varies between medical specialties, with 90% of surgeons receiving medical malpractice suits at some point in their careers, followed by OBGYNs at 85%.
Apart from the location, the main factor that contributes to medical malpractice payouts is a physician’s specialty.
Depending on your medical specialty, you may be at greater or lower risk for a malpractice claim.
In some specialties, the vast majority of physicians will be sued for malpractice at some point during their careers.
Of all the medical specialties that exist, psychologists and dermatologists find themselves defending against malpractice claims the least.
However, physicians in other specialties have quite a different experience.
Medscape reports that physicians in these specialties get sued for malpractice the most:
- Surgeons: 90%
- OBGYNs and women’s health specialists: 85%
- Orthopedists: 82%
- Cosmetic surgeons: 73%
- Otolaryngologists: 72%
- Radiologists: 72%
- Urologists: 72%
- Emergency medicine specialists: 71%
- Intensivists:66%
- Cardiologists: 64%
- Gastroenterologists: 64%
- Neurologists: 59%
- Anesthesiologists: 57%
Final Thoughts
Whether you’re a cardiologist treating a patient who recently had a heart attack or an oncologist tending to a patient with breast cancer, there is always the risk of something going wrong.
As such, you’re always at risk for a medical malpractice case.
The best way to protect yourself against medical malpractice claims is to have a strong medical malpractice insurance policy.
For more information on malpractice insurance providers, contact Physicians Thrive now.
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