Medical Malpractice Payouts By State

Did you know that where you live can affect the compensation you might receive for your malpractice suit? Check out the latest data for medical malpractice payouts by state below. Your state’s rank might surprise you! 

Map of all 50 United States.

What Factors Impact Medical Malpractice Payouts?

Damages vary widely across malpractice lawsuits. There aren’t any specific amounts set, such as “1 million for misdiagnosing cancer “ or “2 million for loss of a limb”. 

Payouts are determined on a case-by-case basis. For example, your compensation should cover your medical expenses, like surgeries and hospital stays. It should make up for past and future lost wages. You can also recover damages for non-economic damages, such as pain, suffering, and emotional distress. 

But many factors influence the exact amount of your payout. They include:

  • The type and gravity of negligence 
  • How much of an impact your malpractice-related injuries have on your life
  • How much medical care you’ll need in the future
  • The amount of evidence you provide to prove your claim
  • Testimony from medical experts
  • Your age
  • Impact of your injury on partners/family members 

There’s one more factor affecting how much you might collect: federal and state laws. The federal government has a $250,000 cap for non-economic damages. And some states limit non-economic damages even further. Other states have a hard cap that can’t be exceeded, no matter how much a victim has suffered and what types of losses they claim. 

Unfortunately, these caps tend to protect doctors and their insurance companies more than victims of malpractice. They can dramatically reduce a patient’s total payout. That’s why, as you peruse the medical malpractice payouts by state, you may notice that some states have many malpractice cases, but measly payouts. 

Medical Malpractice Payouts By State

The statistics from the National Practitioner Data Bank (NPDB) show medical malpractice payouts by state. You can use their data analysis tool to see the most recent data yourself.

You can find information for all US states (and Puerto Rico) in alphabetical order below. Payment amounts are in the millions of dollars, and this data is from 2021.

StateNumber of CasesTotal PayoutsThe Average Payout per Case
Alabama71$43.07 million$0.61 million
Alaska13$3.97 million$0.31 million
Arizona158$61.80 million$0.39 million
Arkansas46$13.06 million$0.28 million
California869$201.07 million$0.23 million
Colorado96$28.65 million$0.30 million
Connecticut107$63.25 million$0.59 million
Delaware18$10.39 million$0.58 million
D.C.23$9.46 million$0.41 million
Florida1,034$306.27 million$0.30 million
Georgia239$102.64 million$0.43 million
Hawaii32$12.11 million$0.38 million
Idaho30$6.62 million$0.22 million
Illinois285$125.06 million$0.44 million
Indiana297$67.25 million$0.23 million
Iowa44$31.05 million$0.71 million
Kansas109$28.25 million$0.26 million
Kentucky113$28.26 million$0.25 million
Louisiana217$46.79 million$0.22 million
Maine30$21.31 million$0.71 million
Maryland224$91.03 million$0.41 million
Massachusetts199$120.10 million$0.60 million
Michigan272$67.17 million$0.25 million
Minnesota40$31.31 million$0.78 million
Mississippi62$31.80 million$0.51 million
Missouri173$59.93 million$0.35 million
Montana46$11.29 million$0.25 million
Nebraska29$8.42 million$0.29 million
Nevada80$26.95 million$0.34 million
New Hampshire49$18.34 million$0.37 million
New Jersey378$150.52 million$0.40 million
New Mexico107$35.31 million$0.33 million
New York907$418.08 million$0.46 million
North Carolina125$43.04 million$0.34 million
North Dakota9$2.59 million$0.29 million
Ohio201$74.27 million$0.37 million
Oklahoma129$34.99 million$0.27 million
Oregon86$47.17 million$0.55 million
Pennsylvania610$240.98 million$0.40 million
Rhode Island48$25.53 million$0.53 million
South Carolina137$44.32 million$0.32 million
South Dakota11$2.92 million$0.27 million
Tennessee108$29.76 million$0.28 million
Texas477$94.05 million$0.20 million
Utah72$21.56 million$0.30 million
Vermont7$2.31 million$0.33 million
Virginia116$38.52 million$0.33 million
Washington142$65.59 million$0.46 million
West Virginia103$49.27 million$0.48 million
Wisconsin48$29.16 million$0.61 million
Wyoming8$2.53 million$0.32 million
Puerto Rico168$9.43 million$0.06 million
Skyline of New York City.

What States Have the Highest & Lowest Payouts?

New York has the highest payout amount in medical malpractice cases. In 2021, payouts topped 400 million. From 2009 to 2019, malpractice payments totaled $7.025 billion.

At the moment, Vermont is the state with the lowest payouts. The state had 7 cases in 2021, with payments totaling $2.31 million. 

A higher number of cases doesn’t always mean higher payouts in a state. Notice that Florida has the highest number of cases at 1,034. Even so, the Sunshine State’s total payments hover around $300 million. 

Why do some states have lower payments? Well, wages and living expenses vary in different regions of the US, for one. In addition, healthcare costs affect medical malpractice payouts by state.  

Looking to pursue a malpractice claim in Texas? We go above and beyond to obtain maximum compensation. Consult our attorneys now, at no cost to you!