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!
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.
| State | Number of Cases | Total Payouts | The Average Payout per Case |
| Alabama | 71 | $43.07 million | $0.61 million |
| Alaska | 13 | $3.97 million | $0.31 million |
| Arizona | 158 | $61.80 million | $0.39 million |
| Arkansas | 46 | $13.06 million | $0.28 million |
| California | 869 | $201.07 million | $0.23 million |
| Colorado | 96 | $28.65 million | $0.30 million |
| Connecticut | 107 | $63.25 million | $0.59 million |
| Delaware | 18 | $10.39 million | $0.58 million |
| D.C. | 23 | $9.46 million | $0.41 million |
| Florida | 1,034 | $306.27 million | $0.30 million |
| Georgia | 239 | $102.64 million | $0.43 million |
| Hawaii | 32 | $12.11 million | $0.38 million |
| Idaho | 30 | $6.62 million | $0.22 million |
| Illinois | 285 | $125.06 million | $0.44 million |
| Indiana | 297 | $67.25 million | $0.23 million |
| Iowa | 44 | $31.05 million | $0.71 million |
| Kansas | 109 | $28.25 million | $0.26 million |
| Kentucky | 113 | $28.26 million | $0.25 million |
| Louisiana | 217 | $46.79 million | $0.22 million |
| Maine | 30 | $21.31 million | $0.71 million |
| Maryland | 224 | $91.03 million | $0.41 million |
| Massachusetts | 199 | $120.10 million | $0.60 million |
| Michigan | 272 | $67.17 million | $0.25 million |
| Minnesota | 40 | $31.31 million | $0.78 million |
| Mississippi | 62 | $31.80 million | $0.51 million |
| Missouri | 173 | $59.93 million | $0.35 million |
| Montana | 46 | $11.29 million | $0.25 million |
| Nebraska | 29 | $8.42 million | $0.29 million |
| Nevada | 80 | $26.95 million | $0.34 million |
| New Hampshire | 49 | $18.34 million | $0.37 million |
| New Jersey | 378 | $150.52 million | $0.40 million |
| New Mexico | 107 | $35.31 million | $0.33 million |
| New York | 907 | $418.08 million | $0.46 million |
| North Carolina | 125 | $43.04 million | $0.34 million |
| North Dakota | 9 | $2.59 million | $0.29 million |
| Ohio | 201 | $74.27 million | $0.37 million |
| Oklahoma | 129 | $34.99 million | $0.27 million |
| Oregon | 86 | $47.17 million | $0.55 million |
| Pennsylvania | 610 | $240.98 million | $0.40 million |
| Rhode Island | 48 | $25.53 million | $0.53 million |
| South Carolina | 137 | $44.32 million | $0.32 million |
| South Dakota | 11 | $2.92 million | $0.27 million |
| Tennessee | 108 | $29.76 million | $0.28 million |
| Texas | 477 | $94.05 million | $0.20 million |
| Utah | 72 | $21.56 million | $0.30 million |
| Vermont | 7 | $2.31 million | $0.33 million |
| Virginia | 116 | $38.52 million | $0.33 million |
| Washington | 142 | $65.59 million | $0.46 million |
| West Virginia | 103 | $49.27 million | $0.48 million |
| Wisconsin | 48 | $29.16 million | $0.61 million |
| Wyoming | 8 | $2.53 million | $0.32 million |
| Puerto Rico | 168 | $9.43 million | $0.06 million |
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!
