GITNUXREPORT 2026

Medical Malpractice Claims Statistics

Medical malpractice claims are common, costly, and often result in severe patient harm.

Sarah Mitchell

Senior Researcher specializing in consumer behavior and market trends.

First published: Feb 13, 2026

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Statistic 1

The average malpractice payout in 2022 was $348,065 across all claims.

Statistic 2

Total malpractice payouts reached $5.1 billion in 2021 per NPDB.

Statistic 3

Median indemnity payment for surgery claims was $250,000 in 2020.

Statistic 4

Defense costs averaged $58,000 per closed claim in 2022.

Statistic 5

New York settlements averaged $512,000 in 2023 verdicts.

Statistic 6

From 2017-2021, average payout for OB/GYN claims was $425,641.

Statistic 7

Total costs of malpractice insurance premiums hit $15.8 billion in 2022.

Statistic 8

California jury awards averaged $688,234 in 2022 malpractice trials.

Statistic 9

25% of settlements exceeded $1 million in 2021 high-value claims.

Statistic 10

Average defense expenses per claim rose 15% to $67,200 in 2023.

Statistic 11

Florida paid out $789 million in malpractice claims in 2022.

Statistic 12

Median payment for misdiagnosis claims was $300,000 in 2020.

Statistic 13

Pennsylvania average verdict was $1.2 million in 2023 cases.

Statistic 14

National median malpractice award was $425,000 for physicians in 2022.

Statistic 15

Texas settlements totaled $1.1 billion from 2019-2023.

Statistic 16

Anesthesia claims averaged $456,000 payout in 2021.

Statistic 17

Illinois insurance premiums averaged $45,000 for high-risk specialties in 2022.

Statistic 18

40% of total payouts were for claims over $500,000 in 2020.

Statistic 19

Ohio average settlement was $387,500 in 2023 verdicts.

Statistic 20

Neurosurgical payouts averaged $784,000 per claim 2018-2022.

Statistic 21

Georgia paid $342 million in malpractice claims in 2022.

Statistic 22

Emergency medicine median payment was $210,000 in 2021.

Statistic 23

New Jersey total payouts reached $450 million in 2023.

Statistic 24

Orthopedic surgery claims averaged $295,000 settlement.

Statistic 25

Michigan verdicts averaged $892,000 in successful plaintiff cases 2022.

Statistic 26

Radiology payouts median $187,000 from 2015-2020.

Statistic 27

Cardiology settlements averaged $412,000 in 2022.

Statistic 28

Louisiana average award $567,000 in 2023 trials.

Statistic 29

Diagnosis error claims cost $750 million annually on average.

Statistic 30

In 2022, 42 states had tort reform caps on non-economic damages.

Statistic 31

28 states limit attorney contingency fees to 33% in malpractice cases.

Statistic 32

NPDB mandatory reporting covered 98% of payments over $30,000 in 2023.

Statistic 33

15 states require expert witness certification for malpractice filings.

Statistic 34

Statute of limitations averaged 2.5 years post-discovery in 40 states.

Statistic 35

12 states have enterprise liability laws shielding individual providers.

Statistic 36

Certificate of merit required pre-suit in 24 states in 2023.

Statistic 37

35% of states cap punitive damages at 3x compensatory awards.

Statistic 38

Federal EMTALA violations led to 500 malpractice overlaps yearly.

Statistic 39

8 states use health courts for streamlined malpractice resolution.

Statistic 40

Arbitration clauses upheld in 75% of hospital contracts post-2022 rulings.

Statistic 41

50% drop in filings post-tort reform in Texas since 2003.

Statistic 42

22 states mandate periodic payments for future damages over $250k.

Statistic 43

Joint and several liability abolished in 47 states for malpractice.

Statistic 44

90% of claims settle pre-trial, per national court data.

Statistic 45

MICRA in California caps non-econ at $350k since 1975, adjusted.

Statistic 46

16 states have sliding scale fee caps based on award amount.

Statistic 47

HIPAA violations intertwined with 5% of malpractice suits.

Statistic 48

30 states allow collateral source offset in awards.

Statistic 49

Supreme Court upheld vaccine injury no-fault system in 2023.

Statistic 50

65% of states have some damage cap post-1986 reforms.

Statistic 51

Pre-suit mediation mandated in 18 states for malpractice.

Statistic 52

FSMB reported 9,000 disciplined actions tied to claims yearly.

Statistic 53

75% of physicians support further tort reforms per surveys.

Statistic 54

Patient compensation funds active in 30 states for excess verdicts.

Statistic 55

85,000 malpractice claims annually result in death or permanent disability.

Statistic 56

32% of paid claims involved death as outcome in 2022 NPDB data.

Statistic 57

Permanent injury occurred in 45% of settled malpractice cases.

Statistic 58

15% of claims led to temporary injury, per multi-year study.

Statistic 59

Brain damage from birth injuries affected 1 in 10 OB claims.

Statistic 60

20,000 patients suffer paralysis yearly from malpractice events.

Statistic 61

Emotional distress reported in 28% of claim outcomes.

Statistic 62

12% of surgical errors resulted in organ loss or dysfunction.

Statistic 63

Cancer progression due to delay caused death in 35% of such claims.

Statistic 64

7% of claims involved minor injury only, resolvable.

Statistic 65

Quadriplegia from anesthesia errors in 2% of paid claims.

Statistic 66

50% of emergency misdiagnosis led to severe harm or death.

Statistic 67

Renal failure from medication errors in 9% of cases.

Statistic 68

25% of fall claims resulted in hip fractures over 65.

Statistic 69

Sepsis claims had 40% mortality rate in delayed cases.

Statistic 70

Vision loss from glaucoma misdiagnosis in 18% of ophthalmology claims.

Statistic 71

30% of birth trauma claims led to cerebral palsy.

Statistic 72

Amputation required in 5% of vascular surgery errors.

Statistic 73

PTSD diagnosed in 15% of surviving malpractice victims.

Statistic 74

60% of retained sponge cases caused infection and reoperation.

Statistic 75

Heart attack misdiagnosis led to death in 22% of cardiology claims.

Statistic 76

10% of pressure sore claims progressed to osteomyelitis.

Statistic 77

Stroke delay caused hemiplegia in 28% of neurology suits.

Statistic 78

45% of appendicitis delays resulted in peritonitis.

Statistic 79

80% of malpractice claims against NPs involved patient death or disability.

Statistic 80

55% of claims dismissed without payment had no patient harm.

Statistic 81

Licensing boards revoked 1,200 licenses yearly due to malpractice harm.

Statistic 82

35% of paid claims involved patients over 65 with comorbidities.

Statistic 83

In 2022, the National Practitioner Data Bank (NPDB) reported 10,772 medical malpractice payments against physicians, totaling $4.8 billion in payouts.

Statistic 84

Between 1990 and 2020, the average annual number of malpractice payments per 1,000 physicians was 6.8.

Statistic 85

In 2019, 8.2% of physicians faced at least one malpractice claim, according to a multi-state analysis.

Statistic 86

New York reported 1,642 malpractice payments in 2021, the highest in the U.S., per NPDB data.

Statistic 87

From 2011-2020, emergency medicine specialists faced malpractice claims at a rate of 7.4% per year.

Statistic 88

In 2023, California had 1,218 malpractice filings in superior courts.

Statistic 89

The rate of malpractice claims per 100,000 population was 14.1 in Florida in 2022.

Statistic 90

Across 10 states from 2009-2019, 34% of claims resulted in payment.

Statistic 91

In 2021, neurosurgeons had 18.7 malpractice claims per 100 physicians.

Statistic 92

Pennsylvania saw a 12% increase in malpractice suits from 2019 to 2022.

Statistic 93

In 2020, 4.5% of all hospital admissions led to malpractice allegations.

Statistic 94

Texas reported 856 malpractice payments in 2022 via NPDB.

Statistic 95

Obstetricians faced claims in 11.8% of years practiced, per career-long study.

Statistic 96

In 2023, Illinois courts handled 1,102 medical malpractice cases.

Statistic 97

General surgeons experienced 15.3 claims per 100 physicians annually.

Statistic 98

Michigan's malpractice claims rose 8% yearly from 2018-2022.

Statistic 99

In 2021, 22,763 adverse events were linked to claims in U.S. hospitals.

Statistic 100

Radiologists had a 4.1% annual claim rate from 2005-2015.

Statistic 101

New Jersey recorded 912 malpractice payments in 2022.

Statistic 102

From 2016-2020, primary care physicians faced 2.6 claims per 100 yearly.

Statistic 103

Ohio had 742 filings in 2023 malpractice courts.

Statistic 104

Anesthesiologists claim rate was 3.2% per year in large study.

Statistic 105

Georgia reported 15.4 claims per 100,000 residents in 2022.

Statistic 106

In 2020, 1 in 25 hospital patients filed malpractice concerns.

Statistic 107

Orthopedic surgeons had 10.6 claims per 100 in 2021.

Statistic 108

Massachusetts saw 567 payments totaling high volume in 2022.

Statistic 109

Cardiologists faced 5.8% claim rate over careers.

Statistic 110

In 2023, Nevada had 34 claims per 100,000 population.

Statistic 111

Pediatricians had 3.1 annual claims per 100 from 2010-2020.

Statistic 112

Louisiana reported 412 malpractice suits in 2022.

Statistic 113

Surgical errors accounted for 32% of all payouts totaling $1.6 billion in 2022.

Statistic 114

Misdiagnosis or delayed diagnosis made up 40% of malpractice claims in 2021.

Statistic 115

Medication errors represented 12% of claims, with 18% paid in 2020.

Statistic 116

Failure to diagnose cancer led to 25% of emergency department claims.

Statistic 117

Obstetrical malpractice involved birth injuries in 60% of cases, per 2022 data.

Statistic 118

Anesthesia errors caused 3% of claims but 11% of total payouts.

Statistic 119

Surgical never events like wrong-site surgery occurred in 0.5% of operations, leading to claims.

Statistic 120

Infection-related claims rose 20% post-surgery in 2021 studies.

Statistic 121

Delayed treatment accounted for 15% of all filed claims in 2023.

Statistic 122

Failure to monitor patient led to 8% of hospital claims.

Statistic 123

Breast cancer misdiagnosis was top claim type, 19% of diagnosis errors.

Statistic 124

Fall-related injuries in hospitals triggered 5% of claims in 2022.

Statistic 125

Improper performance of procedures was 22% of surgical claims.

Statistic 126

Myocardial infarction missed diagnosis in 12% of cardiology claims.

Statistic 127

Pressure ulcers from neglect caused 4% of long-term care claims.

Statistic 128

Wrong medication dosage errors in 7% of pharmacy-related suits.

Statistic 129

Stroke misdiagnosis topped neurology claims at 14%.

Statistic 130

Retained foreign objects post-surgery: 1 in 5,500 operations, high claim rate.

Statistic 131

Sepsis failure to treat early: 10% of ICU claims in 2022.

Statistic 132

Appendicitis perforation from delay: 16% of abdominal claims.

Statistic 133

VTE prophylaxis failure led to 6% of post-op claims.

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If the $4.8 billion paid out in medical malpractice claims last year feels like an abstract number, consider that behind each payment is a story of preventable harm—a missed diagnosis, a surgical error, or a critical failure to act that forever altered a patient's life.

Key Takeaways

In 2022, the National Practitioner Data Bank (NPDB) reported 10,772 medical malpractice payments against physicians, totaling $4.8 billion in payouts.
Between 1990 and 2020, the average annual number of malpractice payments per 1,000 physicians was 6.8.
In 2019, 8.2% of physicians faced at least one malpractice claim, according to a multi-state analysis.
The average malpractice payout in 2022 was $348,065 across all claims.
Total malpractice payouts reached $5.1 billion in 2021 per NPDB.
Median indemnity payment for surgery claims was $250,000 in 2020.
Surgical errors accounted for 32% of all payouts totaling $1.6 billion in 2022.
Misdiagnosis or delayed diagnosis made up 40% of malpractice claims in 2021.
Medication errors represented 12% of claims, with 18% paid in 2020.
85,000 malpractice claims annually result in death or permanent disability.
32% of paid claims involved death as outcome in 2022 NPDB data.
Permanent injury occurred in 45% of settled malpractice cases.
In 2022, 42 states had tort reform caps on non-economic damages.
28 states limit attorney contingency fees to 33% in malpractice cases.
NPDB mandatory reporting covered 98% of payments over $30,000 in 2023.

Medical malpractice claims are common, costly, and often result in severe patient harm.

Financial Costs and Settlements

The average malpractice payout in 2022 was $348,065 across all claims.
Total malpractice payouts reached $5.1 billion in 2021 per NPDB.
Median indemnity payment for surgery claims was $250,000 in 2020.
Defense costs averaged $58,000 per closed claim in 2022.
New York settlements averaged $512,000 in 2023 verdicts.
From 2017-2021, average payout for OB/GYN claims was $425,641.
Total costs of malpractice insurance premiums hit $15.8 billion in 2022.
California jury awards averaged $688,234 in 2022 malpractice trials.
25% of settlements exceeded $1 million in 2021 high-value claims.
Average defense expenses per claim rose 15% to $67,200 in 2023.
Florida paid out $789 million in malpractice claims in 2022.
Median payment for misdiagnosis claims was $300,000 in 2020.
Pennsylvania average verdict was $1.2 million in 2023 cases.
National median malpractice award was $425,000 for physicians in 2022.
Texas settlements totaled $1.1 billion from 2019-2023.
Anesthesia claims averaged $456,000 payout in 2021.
Illinois insurance premiums averaged $45,000 for high-risk specialties in 2022.
40% of total payouts were for claims over $500,000 in 2020.
Ohio average settlement was $387,500 in 2023 verdicts.
Neurosurgical payouts averaged $784,000 per claim 2018-2022.
Georgia paid $342 million in malpractice claims in 2022.
Emergency medicine median payment was $210,000 in 2021.
New Jersey total payouts reached $450 million in 2023.
Orthopedic surgery claims averaged $295,000 settlement.
Michigan verdicts averaged $892,000 in successful plaintiff cases 2022.
Radiology payouts median $187,000 from 2015-2020.
Cardiology settlements averaged $412,000 in 2022.
Louisiana average award $567,000 in 2023 trials.
Diagnosis error claims cost $750 million annually on average.

Financial Costs and Settlements Interpretation

While the scalpel may be precise, the price of an error is a staggering and geographically variable sum, with million-dollar settlements now so commonplace they should almost be considered a standard medical complication.

Legal and Policy Statistics

In 2022, 42 states had tort reform caps on non-economic damages.
28 states limit attorney contingency fees to 33% in malpractice cases.
NPDB mandatory reporting covered 98% of payments over $30,000 in 2023.
15 states require expert witness certification for malpractice filings.
Statute of limitations averaged 2.5 years post-discovery in 40 states.
12 states have enterprise liability laws shielding individual providers.
Certificate of merit required pre-suit in 24 states in 2023.
35% of states cap punitive damages at 3x compensatory awards.
Federal EMTALA violations led to 500 malpractice overlaps yearly.
8 states use health courts for streamlined malpractice resolution.
Arbitration clauses upheld in 75% of hospital contracts post-2022 rulings.
50% drop in filings post-tort reform in Texas since 2003.
22 states mandate periodic payments for future damages over $250k.
Joint and several liability abolished in 47 states for malpractice.
90% of claims settle pre-trial, per national court data.
MICRA in California caps non-econ at $350k since 1975, adjusted.
16 states have sliding scale fee caps based on award amount.
HIPAA violations intertwined with 5% of malpractice suits.
30 states allow collateral source offset in awards.
Supreme Court upheld vaccine injury no-fault system in 2023.
65% of states have some damage cap post-1986 reforms.
Pre-suit mediation mandated in 18 states for malpractice.
FSMB reported 9,000 disciplined actions tied to claims yearly.
75% of physicians support further tort reforms per surveys.
Patient compensation funds active in 30 states for excess verdicts.

Legal and Policy Statistics Interpretation

The legal landscape for medical malpractice claims is a fortress meticulously built by 42 states with damage caps, 28 states with lawyer fee limits, and an army of procedural hurdles—all while 90% of battles surrender at the gates, suggesting the system has become less about courtroom justice and more about calculated risk management.

Patient Outcomes and Impacts

85,000 malpractice claims annually result in death or permanent disability.
32% of paid claims involved death as outcome in 2022 NPDB data.
Permanent injury occurred in 45% of settled malpractice cases.
15% of claims led to temporary injury, per multi-year study.
Brain damage from birth injuries affected 1 in 10 OB claims.
20,000 patients suffer paralysis yearly from malpractice events.
Emotional distress reported in 28% of claim outcomes.
12% of surgical errors resulted in organ loss or dysfunction.
Cancer progression due to delay caused death in 35% of such claims.
7% of claims involved minor injury only, resolvable.
Quadriplegia from anesthesia errors in 2% of paid claims.
50% of emergency misdiagnosis led to severe harm or death.
Renal failure from medication errors in 9% of cases.
25% of fall claims resulted in hip fractures over 65.
Sepsis claims had 40% mortality rate in delayed cases.
Vision loss from glaucoma misdiagnosis in 18% of ophthalmology claims.
30% of birth trauma claims led to cerebral palsy.
Amputation required in 5% of vascular surgery errors.
PTSD diagnosed in 15% of surviving malpractice victims.
60% of retained sponge cases caused infection and reoperation.
Heart attack misdiagnosis led to death in 22% of cardiology claims.
10% of pressure sore claims progressed to osteomyelitis.
Stroke delay caused hemiplegia in 28% of neurology suits.
45% of appendicitis delays resulted in peritonitis.
80% of malpractice claims against NPs involved patient death or disability.
55% of claims dismissed without payment had no patient harm.
Licensing boards revoked 1,200 licenses yearly due to malpractice harm.
35% of paid claims involved patients over 65 with comorbidities.

Patient Outcomes and Impacts Interpretation

These statistics paint a grim portrait of a system where clinical errors are not abstract blips but brutal, life-altering events, transforming routine care into permanent tragedy for tens of thousands each year.

Prevalence and Frequency

In 2022, the National Practitioner Data Bank (NPDB) reported 10,772 medical malpractice payments against physicians, totaling $4.8 billion in payouts.
Between 1990 and 2020, the average annual number of malpractice payments per 1,000 physicians was 6.8.
In 2019, 8.2% of physicians faced at least one malpractice claim, according to a multi-state analysis.
New York reported 1,642 malpractice payments in 2021, the highest in the U.S., per NPDB data.
From 2011-2020, emergency medicine specialists faced malpractice claims at a rate of 7.4% per year.
In 2023, California had 1,218 malpractice filings in superior courts.
The rate of malpractice claims per 100,000 population was 14.1 in Florida in 2022.
Across 10 states from 2009-2019, 34% of claims resulted in payment.
In 2021, neurosurgeons had 18.7 malpractice claims per 100 physicians.
Pennsylvania saw a 12% increase in malpractice suits from 2019 to 2022.
In 2020, 4.5% of all hospital admissions led to malpractice allegations.
Texas reported 856 malpractice payments in 2022 via NPDB.
Obstetricians faced claims in 11.8% of years practiced, per career-long study.
In 2023, Illinois courts handled 1,102 medical malpractice cases.
General surgeons experienced 15.3 claims per 100 physicians annually.
Michigan's malpractice claims rose 8% yearly from 2018-2022.
In 2021, 22,763 adverse events were linked to claims in U.S. hospitals.
Radiologists had a 4.1% annual claim rate from 2005-2015.
New Jersey recorded 912 malpractice payments in 2022.
From 2016-2020, primary care physicians faced 2.6 claims per 100 yearly.
Ohio had 742 filings in 2023 malpractice courts.
Anesthesiologists claim rate was 3.2% per year in large study.
Georgia reported 15.4 claims per 100,000 residents in 2022.
In 2020, 1 in 25 hospital patients filed malpractice concerns.
Orthopedic surgeons had 10.6 claims per 100 in 2021.
Massachusetts saw 567 payments totaling high volume in 2022.
Cardiologists faced 5.8% claim rate over careers.
In 2023, Nevada had 34 claims per 100,000 population.
Pediatricians had 3.1 annual claims per 100 from 2010-2020.
Louisiana reported 412 malpractice suits in 2022.

Prevalence and Frequency Interpretation

While the data reveals that medical errors are regrettably common and costly, with one in twelve doctors facing a claim each year and some specialties like neurosurgery seeing nearly one in five sued, it ultimately underscores a system where accountability is statistically significant but resolution is a complex, high-stakes lottery for both patients and practitioners.

Types of Medical Errors

Surgical errors accounted for 32% of all payouts totaling $1.6 billion in 2022.
Misdiagnosis or delayed diagnosis made up 40% of malpractice claims in 2021.
Medication errors represented 12% of claims, with 18% paid in 2020.
Failure to diagnose cancer led to 25% of emergency department claims.
Obstetrical malpractice involved birth injuries in 60% of cases, per 2022 data.
Anesthesia errors caused 3% of claims but 11% of total payouts.
Surgical never events like wrong-site surgery occurred in 0.5% of operations, leading to claims.
Infection-related claims rose 20% post-surgery in 2021 studies.
Delayed treatment accounted for 15% of all filed claims in 2023.
Failure to monitor patient led to 8% of hospital claims.
Breast cancer misdiagnosis was top claim type, 19% of diagnosis errors.
Fall-related injuries in hospitals triggered 5% of claims in 2022.
Improper performance of procedures was 22% of surgical claims.
Myocardial infarction missed diagnosis in 12% of cardiology claims.
Pressure ulcers from neglect caused 4% of long-term care claims.
Wrong medication dosage errors in 7% of pharmacy-related suits.
Stroke misdiagnosis topped neurology claims at 14%.
Retained foreign objects post-surgery: 1 in 5,500 operations, high claim rate.
Sepsis failure to treat early: 10% of ICU claims in 2022.
Appendicitis perforation from delay: 16% of abdominal claims.
VTE prophylaxis failure led to 6% of post-op claims.

Types of Medical Errors Interpretation

These statistics paint a stark picture: from the operating room to the waiting room, the modern healthcare system seems to be engaged in a perilous, high-stakes game of 'hide the diagnosis' and 'pin the tail on the wrong organ,' where the errors are human but the costs, at $1.6 billion for surgery alone, are inhumanly high.

Sources & References

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