Medical errors rank among the leading causes of harm in U.S. healthcare. Yet the number of malpractice claims that actually result in payment tells a very different story – one worth understanding before you take any next steps.
How Common Is Medical Malpractice in the U.S?
Medical mistakes happen far more often than most people realize. A landmark study published by Johns Hopkins University estimated that medical errors cause more than 250,000 deaths annually in the United States – potentially making them the third leading cause of death.
Despite that staggering figure, only a small fraction of patients who experience harm ever pursue a legal claim or file a malpractice lawsuit. The gap between errors committed and cases filed remains enormous.
How Many Malpractice Claims Are Filed Each Year
According to the National Practitioner Data Bank (NPDB), roughly 9,859 paid medical malpractice cases were reported in 2025. That number reflects only claims that resulted in a payment on behalf of a practitioner – not every lawsuit filed.
Here are the key trends from the NPDB data spanning 1991-2025:
- Peak years: Paid cases hit their highest point in 2001, with 19,526 reports.
- Steady decline: From 2001 to 2021, paid cases dropped by more than 53%, bottoming out at 9,131 in 2021.
- Pandemic impact: The sharp dip in 2020 (9,568) and 2021 (9,131) likely reflects court closures and delayed filings during COVID-19.
- Partial rebound: Cases climbed back to 11,451 in 2024 before dipping again to 9,859 in 2025, though 2025 data may still be incomplete.
The long-term trend is clear. Paid malpractice claims today sit at roughly half the volume seen in the early 2000s, even as the U.S. population has grown significantly.
Who Gets Sued for Medical Malpractice Most Often
Not all healthcare providers face equal risk. NPDB data from 2020 - 2025 shows that physicians (MDs) account for 65% of all paid malpractice cases – by far the largest share. Doctors of osteopathic medicine (DOs) represent another 7.1%.
Together, MDs and DOs account for nearly three out of every four paid malpractice claims nationwide.
Total Count of Paid Medical Malpractice Cases in the U.S. by Practitioner Type 2020–2025
Practitioner Type | Total Cases | Share of Total Cases (%) |
|---|---|---|
Physician (MD) | 40,594 | 65.0% |
Physician (DO) | 4,407 | 7.1% |
Chiropractor | 909 | 1.5% |
Dental Hygienist/Assistant | 21 | 0.0% |
Dentist | 6,617 | 10.6% |
Nurse - Adv. Practice Nurse | 2,727 | 4.4% |
Nurse - Registered Nurse | 1,960 | 3.1% |
Nurse - Practical Nurse | 274 | 0.4% |
Nursing Para-Professionals | 122 | 0.2% |
Optometrist | 201 | 0.3% |
Pharmacist | 218 | 0.3% |
Physician Assistant | 1,431 | 2.3% |
Podiatrist | 1,252 | 2.0% |
Psychologist | 128 | 0.2% |
Social Worker | 111 | 0.2% |
Technicians and Assistants | 276 | 0.4% |
Therapists and Counselors | 850 | 1.4% |
Other | 342 | 0.5% |
Total | 62,440 | 100% |
Most Common Types of Medical Malpractice Claims
Certain categories of error drive the majority of claims. Diagnostic failures – missed, delayed, or incorrect diagnoses – consistently top the list. According to the Agency for Healthcare Research and Quality (AHRQ), diagnostic errors affect roughly 12 million Americans each year in outpatient settings alone.
If you are looking for other medical negligence examples, frequently cited claim types include surgical errors (such as wrong-site procedures), medication mistakes, birth injuries, and failure to treat a known condition. These categories overlap significantly, but diagnostic errors remain the single largest driver of how many medical malpractice cases are filed each year.
How ConsumerShield Connects You With a Malpractice Lawyer
If you believe a medical error harmed you or a loved one, time matters. Most states impose strict filing deadlines – often two to three years from the date of injury. Missing that window can mean losing your right to seek compensation entirely.
ConsumerShield matches you directly with experienced local medical malpractice lawyers who specialize in cases like yours. Our service is free to use, and there is no obligation. We help you take that first step with confidence.
