Summary
- Average medical malpractice payouts vary considerably by state
- Some states impose caps on damages
- The circumstances of your case also determine the damages you may receive
Medical malpractice payouts differ dramatically depending on where you live. Some states average over $1 million per claim, while others hover near $200,000. Understanding these differences matters if you are considering filing a malpractice lawsuit because you or a loved one suffered harm from a medical error.
Medical Malpractice Payouts by State
The National Practitioner Data Bank (NPDB), maintained by the U.S. Department of Health and Human Services, tracks every medical malpractice payment made on behalf of practitioners nationwide. According to the NPDB analysis tool, 9,859 malpractice payment reports were filed in 2025, totaling approximately $4.56 billion. That works out to an average medical malpractice settlement of roughly $463,000 per report.
For comparison, 2024 saw 11,451 reports totaling about $5.02 billion, with an average payout of $439,000. While the total number of reports dropped in 2025, the average payout per claim actually increased.
New York led all states in total payouts both years, reaching $729.58 million across 1,269 reports in 2025. Florida followed with $421.24 million, and New Jersey came in at $324 million. Pennsylvania and California rounded out the top five in total dollars paid.
Medical Malpractice Reports and Payouts by State in 2025
| State | Number of Reports | Payouts in Million | Average Payout per Report in Million |
|---|---|---|---|
| North Dakota | 5 | $8.69 | $1.74 |
| Connecticut | 165 | $170.88 | $1.04 |
| Alaska | 12 | $12.18 | $1.02 |
| Georgia | 315 | $239.10 | $0.76 |
| New Hampshire | 32 | $22.98 | $0.72 |
| Rhode Island | 33 | $21.55 | $0.65 |
| Illinois | 367 | $239.04 | $0.65 |
| Washington | 155 | $98.91 | $0.64 |
| Delaware | 23 | $14.46 | $0.63 |
| Wisconsin | 76 | $46.83 | $0.62 |
| District of Columbia | 15 | $8.94 | $0.60 |
| Alabama | 109 | $64.78 | $0.59 |
| Massachusetts | 225 | $132.11 | $0.59 |
| Idaho | 32 | $18.64 | $0.58 |
| New York | 1,269 | $729.58 | $0.57 |
| Virginia | 150 | $84.91 | $0.57 |
| Iowa | 45 | $23.58 | $0.52 |
| South Carolina | 136 | $69.71 | $0.51 |
| New Jersey | 642 | $324.00 | $0.50 |
| Oregon | 108 | $53.63 | $0.50 |
| Missouri | 160 | $79.38 | $0.50 |
| Hawaii | 32 | $15.77 | $0.49 |
| Oklahoma | 114 | $54.19 | $0.48 |
| 642 | $304.88 | $0.47 | |
| Tennessee | 100 | $45.84 | $0.46 |
| Colorado | 97 | $44.43 | $0.46 |
| Nevada | 79 | $36.16 | $0.46 |
| 46 | $20.99 | $0.46 | |
| Montana | 31 | $13.80 | $0.45 |
| Nebraska | 27 | $11.91 | $0.44 |
| Kentucky | 160 | $68.40 | $0.43 |
| New Mexico | 179 | $74.42 | $0.42 |
| North Carolina | 118 | $47.39 | $0.40 |
| Maryland | 178 | $70.92 | $0.40 |
| Vermont | 17 | $6.67 | $0.39 |
| Arizona | 150 | $58.82 | $0.39 |
| West Virginia | 65 | $24.30 | $0.37 |
| 1,135 | $421.24 | $0.37 | |
| Ohio | 184 | $65.91 | $0.36 |
| Utah | 66 | $22.89 | $0.35 |
| Wyoming | 9 | $3.07 | $0.34 |
| Louisiana | 251 | $84.64 | $0.34 |
| Mississippi | 54 | $16.99 | $0.31 |
| 967 | $300.05 | $0.31 | |
| Kansas | 116 | $34.41 | $0.30 |
| Minnesota | 45 | $13.34 | $0.30 |
| Michigan | 299 | $83.06 | $0.28 |
| Texas | 433 | $113.92 | $0.26 |
| Maine | 14 | $3.58 | $0.26 |
| South Dakota | 11 | $2.50 | $0.23 |
| Indiana | 166 | $34.31 | $0.21 |
Source: NPDB
States With the Highest and Lowest Payouts
Average payout per report tells a more meaningful story than raw totals. A state with fewer claims but larger individual settlements can far outpace a high-volume state in per-claim averages.
Highest average payouts per report (2025):
- North Dakota — $1.74 million (5 reports)
- Connecticut — $1.04 million (165 reports)
- Alaska — $1.02 million (12 reports)
- Georgia — $760,000 (315 reports)
- New Hampshire — $720,000 (32 reports)
Lowest average payouts per report (2025):
- Indiana — $210,000 (166 reports)
- South Dakota — $230,000 (11 reports)
- Maine — $260,000 (14 reports)
- Texas — $260,000 (433 reports)
- Michigan — $280,000 (299 reports)
North Dakota's high average reflects just five reports, so a single large verdict can skew the numbers. Connecticut and Georgia, with hundreds of reports each, paint a more reliable picture of consistently high payouts.
Medical Malpractice Damage Caps by State
Damage caps play a significant role in these numbers. Many states limit the amount of non-economic damages (like pain and suffering) a jury can award. Texas, for example, caps non-economic damages in medical malpractice cases, which helps explain its $260,000 average despite a large volume of claims. Indiana uses a total damages cap through its Patient's Compensation Fund system, contributing to its position at the bottom of the list.
States without caps, such as Connecticut and New York, generally see higher average payouts. Georgia had a cap that was struck down by its Supreme Court, which may contribute to its consistently high averages.
Not every state handles caps the same way. Some limit only non-economic damages, others cap total damages and a handful impose no caps at all. These distinctions directly shape what injured patients can recover.
While exceptions can apply, here’s a general look at the damage caps by state:
| State | Damage Cap Details |
|---|---|
| Alabama | |
| Alaska | $250,000 non-economic damages cap, and $400,000 wrongful death cap |
| Arizona | No cap |
| Arkansas | No cap |
| California | |
| Colorado | |
| Connecticut | No cap |
| Delaware | No cap |
| Florida | No cap |
| Georgia | $250,000 punitive damages cap |
| Hawaii | $375,000 non-economic damages cap |
| Idaho | $250,000 non-economic damages cap |
| Illinois | $500,000 non-economic damages cap |
| Indiana | $1.25 million total damages cap |
| Iowa | No cap |
| Kansas | $250,000 non-economic damages cap |
| Kentucky | No cap |
| Louisiana | $500,000 total damages cap |
| Maine | $1 million non-economic damages cap, and $500,000 punitive damages cap |
| Maryland | $920,000 non-economic damages cap, and $1.15 million cap for cases with multiple beneficiaries |
| Massachusetts | $500,000 non-economic damages cap |
| Michigan | |
| Minnesota | No cap |
| Mississippi | $500,000 non-economic damages cap |
| Missouri | $480,000 non-economic damages cap, and $840,000 catastrophic injuries cap |
| Montana | $250,000 non-economic damages cap |
| Nebraska | $2.25 million total damages cap |
| Nevada | $435,000 non-economic damages cap |
| New Hampshire | No cap |
| New Jersey | $350,000 punitive damages cap |
| New Mexico | $600,000 total damages cap |
| New York | No cap |
| North Carolina | $702,000 non-economic damages cap |
| North Dakota | $500,000 non-economic damages cap |
| Ohio | $350,000 non-economic damages cap, $500,000 total damages cap |
| Oklahoma | No cap |
| Oregon | No cap |
| Pennsylvania | No cap |
| Rhode Island | No cap |
| South Carolina | $564,168 non-economic damages capped per provider, $1.69 million total damages cap |
| South Dakota | $500,000 non-economic damages cap |
| Tennessee | $750,000 non-economic damages cap, and $1 million catastrophic injuries cap |
| Texas | $250,000 non-economic damages cap for one defendant, $500,000 for multiple |
| Utah | $450,000 non-economic damages cap |
| Vermont | No cap |
| Virginia | $2.75 million total damages cap |
| Washington | No cap |
| West Virginia | $250,000 non-economic damages cap, and $500,000 catastrophic injuries cap |
| Wisconsin | $750,000 non-economic damages cap |
| Wyoming | No cap |
What Factors Impact Medical Malpractice Payouts?
State laws set the stage, but several additional factors drive payout amounts:
- Severity of Injury: Catastrophic injuries like brain damage or those necessitating a wrongful death lawsuit typically result in larger settlements.
- Economic Damages: Lost wages, future medical costs and ongoing care needs form the backbone of most large payouts.
- Strength of Evidence: Clear proof of negligence strengthens a claim considerably.
- Local Jury Tendencies: Some regions consistently return higher verdicts than others.
- Statute of Limitations: Missing a filing deadline can eliminate a claim entirely, regardless of its merit.
The cost of living in a given state also matters. Higher-cost states tend to produce larger economic damages calculations, which pushes overall payouts upward.
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.
Get Matched With a Medical Malpractice Attorney Today
Navigating a medical malpractice claim without experienced legal help can leave money on the table, or worse, result in a dismissed case. The right attorney understands your state's laws, damage caps and filing requirements.
At ConsumerShield, we match you with experienced medical malpractice lawyers who handle cases in your state. The consultation costs nothing, and there is no obligation. If you believe a medical error harmed you or someone you love, it may be a good idea to explore your options today.
