Medical Malpractice Payouts By State (2026)

Discover 2024-2025 medical malpractice payout data by state. New York leads with $595M in payouts. Compare average settlements, case counts, and trends across the U.S.

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Bryan Driscoll

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Medical Malpractice Payouts by State

Summary:

  • Medical malpractice compensation varies significantly across states in 2024.
  • District of Columbia and South Dakota had the highest average payouts, exceeding $1 million per case.
  • New York recorded the highest total payouts at $595.42 million across 1,284 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 $595.42 million across 1,284 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 $557.62 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 17 cases, stand out with an average payout of $1.12 million and $1.16 million per case—significantly above the national average medical malpractice settlement of $439,000 per case. 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
17
$19.76
$1.16
District of Columbia
25
$28.11
$1.12
Wisconsin
61
$52.34
$0.86
Georgia
322
$217.81
$0.68
Connecticut
134
$88.86
$0.66
Illinois
477
$312.76
$0.66
Montana
39
$25.53
$0.65
Washington
191
$124.10
$0.65
Alabama
108
$68.87
$0.64
Minnesota
35
$21.77
$0.62
Massachusetts
259
$158.19
$0.61
Oregon
111
$63.17
$0.57
Maryland
226
$123.63
$0.55
New Hampshire
37
$19.35
$0.52
Missouri
192
$100.40
$0.52
New Jersey
667
$348.69
$0.52
Pennsylvania
1,070
$557.62
$0.52
Colorado
108
$56.02
$0.52
Virginia
150
$75.93
$0.51
Kentucky
168
$84.19
$0.50
Iowa
59
$28.50
$0.48
Rhode Island
56
$26.98
$0.48
New York
1,284
$595.42
$0.46
Arkansas
53
$24.30
$0.46
Maine
35
$15.73
$0.45
Arizona
176
$78.73
$0.45
Ohio
212
$93.74
$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
Alaska
15
$5.54
$0.37
West Virginia
53
$19.45
$0.37
Utah
98
$35.47
$0.36
Nebraska
44
$15.51
$0.35
Louisiana
231
$80.20
$0.35
Nevada
128
$44.26
$0.35
South Carolina
157
$53.64
$0.34
North Carolina
122
$41.52
$0.34
Florida
1,167
$389.38
$0.33
Oklahoma
139
$45.31
$0.33
California
1,074
$341.62
$0.32
Michigan
335
$98.29
$0.29
Tennessee
130
$37.53
$0.29
Indiana
278
$75.19
$0.27
Texas
631
$159.12
$0.25
Mississippi
66
$16.64
$0.25
Kansas
198
$47.95
$0.24
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.

Get Matched with a Medical Malpractice Attorney Today

Have you been harmed by medical negligence? ConsumerShield can match you with a specialized medical malpractice attorney in your state for a free consultation. Don't let the statute of limitations run out—get connected with a lawyer today and learn what your case could be worth.

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Bryan Driscoll

Contributor

Bryan Driscoll is a non-practicing lawyer, HR consultant, and legal content writer who uniquely blends legal insight and HR expertise.

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