2024 Medical Malpractice Statistics

Below are medical malpractice statistics that were most recently updated in January 2024. Whether you are writing a paper for school or want to learn more about medical malpractice, you are welcome.

The widespread belief is that overly aggressive lawyers file medical malpractice lawsuits excessively. Is there a tiny bit of truth to this? Sure. But medical malpractice statistics and common sense tell us that it is an economic impossibility for lawyers to regularly bring claims that are not viable.

There is also a common perception in 2024 that medical malpractice litigation is mostly frivolous, and its proliferation does nothing but drive up healthcare costs. Recent studies suggest that neither of these beliefs are based on reality.

We have a public health crisis that no one is bothering to pay attention to that kills an unbelievable number of us annually. None of us are free from this risk.

Malpractice Claims and Payouts in 2023

The data below is compiled from the National Practitioner Data Bank which is compiled by the U.S. Department of Health & Human Services. This data shows the number of reported medical malpractice claims as well as settlement amounts paid out on those claims. This data is not fully comprehensive because not all medical malpractice claims and settlements are reported. However, these numbers are most likely reflective of the amounts paid on claims that are not reported.

National Medical Malpractice Claims and Payouts

There were a total of 11,440 medical malpractice claims reported in the NPDB in 2023. These claims resulted in settlement payouts (verdicts not included) of $4.8 billion. That works out to an average per-claim payout of around $420,000. The largest percentage of these claims (around 3,200 of the 11,440) were resolved for settlement payouts of less than $100,000. Only around 1,300 were settled for payouts of over $1 million. The graph below shows the payout breakdowns.

Maryland Medical Malpractice Claims and Payouts

In 2023, there were a total of 248 medical malpractice claims in Maryland. These claims resulted in total settlement payouts of $101,900,000. That works out to a raw average of around $410,000 per claim. Of course, the settlement payments were not equally divided among the claims. 74 of the 248 total claims were resolved for settlement payments of under $100,000, while only 26 of the claims received payouts of over $1 million. The chart below shows the full payment range breakdown for all the claims.

Medical Malpractice Ranks as Third Leading Cause of Death in the U.S.

Researchers from Johns Hopkins Hospital published the results of a comprehensive study on medical errors. This study estimated that medical errors result in 250,000 deaths each year.

This estimate ranks medical malpractice as the third leading cause of death in the United States, behind heart disease and cancer. A prior study done in 2009 estimated the number of medical error fatalities per year at 200,000.

The Institute of Medicine (IOM) has offered a more antiquated statistic of 98,000 deaths yearly due to medical negligence. That number was so shocking when it came out ten years ago. Now the statistics show we have twice the number of malpractice deaths than we thought. Yet no one really blinks an eye. The story goes on page 5 of your local newspaper. And then it is gone.

There is also an economic cost for those of you with colder hearts for human suffering. A recent study underscores that medical errors bruise our economy to $20 billion a year.

Malpractice Lawsuits Still Relatively Low Given the Statistics

Many of these 250,000 annual fatalities would undoubtedly be actionable as medical malpractice. But the number of medical malpractice wrongful death lawsuits filed yearly doesn’t come close to this.

For instance, the National Practitioner Database not too long ago reported only 3,046 medical malpractice payments were made for wrongful death claims. Even if you use conservative estimates, it is clear that only about 5% of deaths caused by medical errors result in malpractice payouts.

The reason for this is simple. Most medical malpractice incidents never become the subject of a lawsuit or claim. In sharp contrast to the public image of excessive malpractice suits, the fact is that medical malpractice is actually under-litigated.

So despite all the negative attention, medical malpractice lawsuits account for a tiny percentage of personal injury litigation. Malpractice statistics published by the National Center for State Courts (NCSC) confirm that medical malpractice accounts for less than 5% of all personal injury cases pending nationwide. These statistics show that there is no plague of excessive medical malpractice litigation.

A 2017 report on insurance claims showed that the comparative rate of payments on medical malpractice claims is also declining. From 2009 to 2014, the rate of malpractice claims paid fell by 55%.

More Malpractice Frequency Statistics

A survey on medical error released in 2017 by the IHI/NPSF Lucian Leape Institute and NORC at the University of Chicago found that 41% of people in the U.S. believed a medical error was made in their care.

In other words, one in five people believe they may have been subject to some form of medical malpractice. Diagnostic failure, surgical error, and medication errors were the survey’s three most commonly reported types of medical error.

A 2020 study shows that serious medical mistakes with serious consequences are most likely to occur in intensive care units, operating rooms, and emergency departments.

Of those reporting that they experienced medical error – 73% indicated that they were actually injured. This data clearly indicates that possibly millions of people are injured by medical negligence every year, but very few of them ever become plaintiffs in a malpractice case.

Another study by Johns Hopkins estimated that only 1% of all adverse medical incidents eventually result in malpractice claims or lawsuits. Measuring Diagnostic Errors in Primary Care (JAMA 2013)

More Medical Malpractice Statistics

• Annually, nearly 20,000 medical malpractice lawsuits are filed in the United States.
• In 2022, the National Practitioner Data Bank (NPDB) recorded 3,046 medical malpractice payments for wrongful death claims. So just 5% of deaths caused by medical errors lead to settlement payouts.
• A new study indicates that nearly 800,000 Americans suffer permanent disability or lose their lives annually due to incorrect medical diagnosis, prompting researchers to declare such diagnostic mistakes as a public health crisis. This research, conducted by a team at Johns Hopkins University, points to 15 commonly misdiagnosed health conditions that are responsible for over half of the annual deaths and severe disabilities – including brain damage, blindness, and limb amputations – related to diagnostic errors (July 2023)
• Physicians who have had one paid claim, irrespective of their specialty, were nearly four times more likely to experience one or more paid claims in the subsequent five years than their counterparts who had no previous paid claims (February 2023)
• Of the 1,441 sentinel events examined by The Joint Commission, wrong-site surgery – operating on the wrong part of the body –  represented 6%. A sentinel event is characterized as a patient safety incident leading to death, permanent damage, or serious temporary harm.
• Twenty thousand malpractice lawsuits are filed every year in the U.S. (July 25, 2021).
• National statistics show that 1.8% of doctors account for more than half! – of all malpractice payments (January 5, 2021).
• A medical diagnosis by an Australian doctor is incorrect one in seven times (September 1, 2020).
• Dentists are not great with anesthesia. Approximately one-third of all insurance claims in the decade spanning from 2011 to 2021 involve anesthesia errors. (This is a European study, but this should also hold true in the U.S..)

Big Medical Malpractice Lawsuits Get Attention in 2024

The media reports on large malpractice settlements and verdicts. These are the larger or more notable malpractice verdicts and settlements for the year and are not representative of all malpractice payments or claims. Thousands of malpractice claims are settled out of court, and still, more that do make it to court are settled without reporting.

A review of the 41 nationally reported settlements and verdicts is still informative. The three most common types of malpractice involved in these 41 cases were diagnostic failure, birth injury, and treatment failure.

• Diagnostic Failure: Eleven nationally reported verdicts and settlements were based on allegations of failure to diagnose or delayed diagnosis. Eight verdicts, three settlements, and total damages of $220 million were awarded for an average of $20 million per case.
• Birth Injury: Nationally reported birth-injury cases included two settlements and six verdicts. The claims in these cases were typical birth-injury errors (excessive force with forceps, delay in C-section, etc.) but with particularly severe injuries.

Contact Us About Malpractice

If you want to learn more about medical malpractice litigation or think you might have a malpractice claim, call Miller & Zois at 800-553-8082 or get a free online consultation.