Medical Malpractice Payouts By State: Quick Answer
- In 2024, medical malpractice payouts across the U.S. varied significantly by state. The District of Columbia and South Dakota had the highest payout per case, both exceeding $1 million. Meanwhile, New York recorded the highest total amount paid, with $594.17 million over 1,282 cases.
The Impact of Medical Malpractice on Healthcare and Costs
Medical malpractice cases, caused by misdiagnosis, surgical errors such as incorrectly installed dental implants, or poor treatment, can have serious effects. Malpractice claims can also arise from actions taken by healthcare staff, including nurses, when patient care standards are breached.
Malpractice and negligence are not limited to hospitals. Nursing home abuse cases also represent a significant area of concern, as vulnerable patients may suffer due to neglect or improper care.
These cases affect patients and healthcare providers and also raise insurance premiums and healthcare costs. As medical technology advances and patients learn more about their legal rights, malpractice claims change. Additionally, global health issues stress healthcare systems, leading to more medical errors and complex claims.
In some cases, this process starts with a formal complaint - understanding how the complaint process works against a doctor can help patients know what to expect and how it might lead to further action.
State-by-State Breakdown of Highest Medical Malpractice Payouts
The 2024 data reveals significant differences across states in the number of cases and total payouts. New York leads the nation with the highest total medical malpractice payouts, amounting to $594.17 million across 1,282 cases. This is not surprising, given New York's large population and the density of healthcare services in major metropolitan areas. High-profile medical centers and complex medical cases often contribute to the larger number of claims and higher payout totals. Pennsylvania follows behind with $557.14 million in total payouts from 1,070 cases, demonstrating the high stakes of malpractice cases in states with extensive healthcare systems.
Smaller states, however, also present noteworthy statistics. District of Columbia and South Dakota, despite having only 25 and 16 cases, stand out with an average payout of $1.12 million and $1.22 million per case, the highest in the country. This suggests that while fewer claims are filed in states with smaller populations, the severity of the cases can be significant, leading to much higher compensation per incident.
Medical Malpractice Reports and Payouts by State in 2024
| State | Number of Reports | Payouts in Million | Average Payout per Report in Million |
|---|---|---|---|
| South Dakota | 16 | $19.53 | $1.22 |
| District of Columbia | 25 | $28.11 | $1.12 |
| Wisconsin | 61 | $52.34 | $0.86 |
| Georgia | 322 | $217.81 | $0.68 |
| Washington | 185 | $122.48 | $0.66 |
| Illinois | 477 | $312.76 | $0.66 |
| Montana | 39 | $25.53 | $0.65 |
| Connecticut | 132 | $85.88 | $0.65 |
| Alabama | 108 | $68.87 | $0.64 |
| Minnesota | 35 | $21.77 | $0.62 |
| Massachusetts | 259 | $158.19 | $0.61 |
| Oregon | 111 | $63.32 | $0.57 |
| Maryland | 226 | $123.63 | $0.55 |
| Missouri | 187 | $99.99 | $0.53 |
| Colorado | 106 | $55.72 | $0.53 |
| New Jersey | 665 | $348.39 | $0.52 |
| New Hampshire | 37 | $19.35 | $0.52 |
| Pennsylvania | 1,070 | $557.14 | $0.52 |
| Virginia | 150 | $75.93 | $0.51 |
| Kentucky | 168 | $84.19 | $0.50 |
| Rhode Island | 55 | $26.83 | $0.49 |
| Iowa | 58 | $28.20 | $0.49 |
| New York | 1,282 | $594.17 | $0.46 |
| Arkansas | 53 | $24.30 | $0.46 |
| Maine | 34 | $15.23 | $0.45 |
| Ohio | 210 | $93.55 | $0.45 |
| Arizona | 175 | $76.73 | $0.44 |
| Delaware | 38 | $16.59 | $0.44 |
| Idaho | 51 | $20.54 | $0.40 |
| New Mexico | 201 | $80.48 | $0.40 |
| Hawaii | 44 | $16.55 | $0.38 |
| West Virginia | 50 | $18.77 | $0.38 |
| Utah | 97 | $35.43 | $0.37 |
| Nebraska | 44 | $15.51 | $0.35 |
| Louisiana | 230 | $80.05 | $0.35 |
| Nevada | 126 | $43.46 | $0.34 |
| South Carolina | 156 | $53.57 | $0.34 |
| North Carolina | 122 | $41.52 | $0.34 |
| Florida | 1,158 | $382.26 | $0.33 |
| Oklahoma | 138 | $45.30 | $0.33 |
| California | 1,067 | $340.92 | $0.32 |
| Michigan | 335 | $98.29 | $0.29 |
| Tennessee | 125 | $35.83 | $0.29 |
| Indiana | 273 | $73.27 | $0.27 |
| Texas | 621 | $158.30 | $0.25 |
| Mississippi | 66 | $16.64 | $0.25 |
| Kansas | 197 | $47.85 | $0.24 |
| Alaska | 13 | $3.01 | $0.23 |
| North Dakota | 8 | $1.28 | $0.16 |
| Wyoming | 10 | $1.59 | $0.16 |
| Vermont | 28 | $2.86 | $0.10 |
Source: NPDB
State Variations in Medical Malpractice Payouts
The data highlights how state laws shape outcomes as much as case counts. Medical malpractice settlements in California average about $320,000 per case, reflecting the impact of strict damage caps that keep payouts lower than in many smaller states. Texas and Florida show similar patterns, with high case counts but restrained averages due to legal limits.
In contrast, states without such restrictions often see higher compensation levels. Illinois, Massachusetts, and Connecticut stand out with averages well above many larger states, suggesting that more plaintiff-friendly legal environments directly influence award sizes. Meanwhile, states like Wisconsin and Georgia demonstrate how mid-range averages can still generate significant totals when combined with steady case numbers.
Projections for Medical Malpractice Payouts by State in 2025
By June 30, 2025, there were 4,658 cases totaling $2.1 million in payouts. The national average payout per case has already reached $0.54 million, up from $0.46 million in 2024, showing a notable increase in compensation levels.
These figures highlight both the financial pressure on healthcare providers and insurers and the human cost for patients affected by serious medical errors. Addressing malpractice will require coordinated efforts among healthcare providers, legal professionals, and policymakers, with improvements in safety protocols, staff training, and the adoption of safer technologies playing a central role. Tracking state-level trends in claims and settlements will also be key to reducing risks and improving patient care.
