Medical malpractice is a serious issue in the United States that has only grown worse since the COVID-19 pandemic put intense stress on the American medical system. Now, patients are at critical risk of injury and death even during the course of routine healthcare.
Keep reading to learn # facts about medical malpractice and when to consult with a personal injury lawyer after you or a loved one were hurt by a negligent doctor, nurse, or hospital.
55+ Medical Malpractice Statistics to Know
1. Medical malpractice is the 3rd leading cause of death in America.1
2. 9.5% of all U.S. deaths can be attributed to medical errors.
3. This amounts to 251,000 deaths per year.
4. 32% of all medical malpractice claims are due to delayed diagnosis or misdiagnosis.
5. 25% of all claims can be attributed to surgical errors, like wrong site surgery or leaving an instrument inside of a patient.
6. 2.7% of medical malpractice claims are caused by anesthesia errors.
7. The states with the most medical malpractice claims in 2022 include New Jersey, Illinois, Pennsylvania, Florida, and New York.
8. The state with the most malpractice claims per capita that year was California.
9. The states with the fewest claims are Idaho, South Dakota, Rhode Island, Hawaii, and Vermont.
10. 1.5 million people are injured every year due to prescription medication errors.
11. The most likely demographic to file a medical malpractice lawsuit are women over the age of
40.
12. Seniors who are over the age of 65 are 12% more likely to be injured as a result of malpractice.
13. 75% of male physicians are named as a defendant in a malpractice case compared to 42% of female healthcare providers.
14. Black patients and patients of color are less likely to file a malpractice lawsuit than white patients.
15. Medical malpractice occurs more often in rural settings than metropolitan hospitals and medical centers.
16. The cases with the highest settlement payouts include unnecessary procedures and
neglecting to monitor for or treat fetal distress during labor.
17. In 2019, the largest settlement for a medical malpractice lawsuit was $205 million for a brain injury that was sustained during birth.
18. Unfortunately, it’s estimated that 80% to 90% of medical malpractice lawsuits are dismissed with the plaintiff receiving no settlement.
19. Between 25,000 and 120,000 patient deaths occur every year due to medical negligence.2
20. Only 2.9% of all medical malpractice victims end up filing claims against a hospital or medical professional.
21. The number of patient deaths caused by medical malpractice is estimated to be four times higher than reported numbers.
22. Only 5% of patients who file a claim will receive a settlement.
23. Fewer than 1% of patients who file medical malpractice claims go to trial to resolve their case.
24. Just 0.1% of patients who go to trial receive a favorable verdict.
25. As many as 70% of medical malpractice settlements are reduced in court before being paid to the plaintiff.
26. This results in medical providers and facilities avoiding as much as 80% of the financial damages that their negligence causes.
27. As many as 400,000 patients who are hospitalized every year experience some form of preventable harm during their care.3
28. Hospital-acquired infections are estimated to cost between $35.7 and $45 billion every year.
29. 75% of medical malpractice cases involving surgeons are the result of an intraoperative error.
30. Between 40,000 to 80,000 patients are injured each year as the result of a diagnostic error.
31. 33% or one-third of patients whose physicians made a diagnostic error during their care experienced an injury as a result.
32. Adverse events are estimated to occur in 5% of outpatient cases and 17% of inpatient hospitalizations.
33. The rate of hospital-acquired infections is estimated to be 1 in every 20 patients.
34. More than one-third of seniors over the age of 65 experience a fall at some point. One-third of those falls result in injury.
35. Fatigue and exhaustion amongst overworked medical professionals increases the risk of errors and poor patient outcomes.
36. The United States pays more than $184 billion in medical malpractice settlements every year.4
37. This equates to roughly $552 per capita.
38. Ohio is the 9th highest spender on medical malpractice lawsuits since 2017 with a total payout of $5,769,030,900.
39. The next highest spender is Texas with an annual settlement cost of $7,650,533,920.
40. New York and California spend the most on malpractice lawsuits, with settlements from 2017 to present totaling $39,168,305,580 and $16,537,420,570 respectively.
41. Idaho spent the least on malpractice claims with just $448,165,760 going to injured patients and their families.
42. 1 in every 5 U.S. citizens, or 21%, report they have been the victim of a medical mistake.5
43. Only half of providers take responsibility for a medical error when communicating what happened to the patient.
44. 31% of Americans report seeing someone else experience a medical mistake.
45. 6 in 10 adult victims of malpractice report that their issue was misdiagnosed.
46. 4 in 10 adult malpractice victims report that they were not treated with respect during their care.
47. Over half of patients who have experienced a medical error report that it happened in an outpatient care setting.
48. 8 in 10 U.S. citizens agree that patient safety is the responsibility of health care providers and facility administration.
49. Patients who experience a medical error report an average of 7 contributing factors per instance of malpractice.
50. 73% of patients who experienced a medical error report that they were left with long-term or permanent effects.
51. 10% of U.S. citizens report experiencing physical or emotional harm when receiving healthcare services.
52. In 2017, only 62% of patients reported being confident that their doctor would be able to accurately diagnose them.
53. Only 68% of patients surveyed felt they were given enough information about their condition and available options to make an informed decision about their medical care.
54. Only 59% of patients surveyed felt that their doctors made a timely diagnosis.
55. Underinsured patients are far more likely to report negative experiences in medical settings than patients who have access to healthcare coverage.
56. 25% of women experience errors in their medical care compared to just 17% of men.
57. 46% of patients report that an error was made during testing, treatment, or surgery.
How to Get Legal Help After Medical Malpractice
Were you or someone in your family the victim of a medical error? You may be able to obtain compensation for the harm you suffered as a result of professional negligence. Contact our office now at (440) 333-3800 to learn more or to schedule your free initial consultation to discuss the important details of your case with our experienced Cleveland medical malpractice attorneys.
1 Bieber, C. (2024, January 25). Medical Malpractice Statistics of 2024 (A. Ramirez, Ed.). Forbes Advisor. https://www.forbes.com/advisor/legal/personal-injury/medical-malpractice-statistics</p
2 Doyle, A. C. (1993). Medical Malpractice. . . by the Numbers. Center for Justice & Democracy. https://centerjd.org/cjrg/Numbers.pdf
3 Rodziewicz, T. L., Houseman, B., Vaqar, S., & Hipskind, J. E. (2024, February 12). Medical Error Reduction and Prevention. NCBI Bookshelf. https://www.ncbi.nlm.nih.gov/books/NBK499956/
4 Edwards, S. (2023, December 18). States Most Affected by Medical Malpractice. Forbes Advisor. https://www.forbes.com/advisor/legal/medical-malpractice/medical-malpractice-cases-by-state/
5 NORC at the University of Chicago & IHI/NPSF Lucian Leape Institute. (2017). Americans’ Experiences with Medical Errors and Views on Patient Safety. Institute for Healthcare Improvement and NORC at the University of Chicago. https://www.ihi.org/sites/default/files/2023-09/IHI_NPSF_NORC_Patient_Safety_Survey_2017_Final_Report.pdf