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Medical Malpractice Statistics

Medical Malpractice Statistics

Medical malpractice is one of the leading causes of preventable deaths in the United States. Learn all of the facts and statistics surrounding the medical and legal aspects of medical malpractice so you can be prepared with all of the information!

  • Researchers: Medical errors now third leading cause of death in United States (Washington Post, 2016
  • The term “Never Event” was first introduced in 2001 by Ken Kizer, MD, former CEO of the National Quality Forum (NQF), in reference to particularly shocking medical errors—such as wrong-site surgery—that should never occur. (Patient Safety Network, 2019
  • 195,000 patients die in hospitals each year because of preventable mistakes. (Dr. George Stanislaw, 2019
  • The top 5 malpractice allegations are from: diagnosis (33%), surgery (23%), treatment (18%), obstetrics (10%), and medication/anesthesia (10%). (MDMag, 2014
  • The most common sources of medical malpractice claims from 2013 to 2017 were diagnostic errors. (CSU Fresno, 2019)
  • Medical malpractice occurs when a health-care provider deviates from the recognized “standard of care” in the treatment of a patient. The “standard of care” is defined as what a reasonably prudent medical provider would or would not have done under the same or similar circumstances. (Jason Konvicka, 2013
  • The average loss for birth injuries was $2.5 million and for emergency room incidents it was $2.3 million. For patients who died as a result of negligent emergency room treatment, the economic losses were estimated at $1.1 million in 2007 dollars. (Suing for Medical Malpractice, 1993) 
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Record-Breaking Case Results

Across the United States

Achieving Justice Nationwide with Unparalleled Verdicts and Settlements

National Trial Law has a storied history of securing landmark verdicts and settlements across the United States. Notable achievements include a $230 million judgment for survivors of the Sutherland Springs Church mass shooting, a $44.7 million trial judgment for a birth injury at an Air Force hospital, and a $21.5 million verdict for a veteran who suffered catastrophic brain damage due to malpractice at the Manchester VA Hospital—the largest personal injury award in New Hampshire history. These results underscore the firm's dedication to holding institutions accountable and delivering justice for their clients.

  • Record-Setting $230,000,000
    Trial Win
    Sutherland Springs Mass Shooting
    Highest Verdict and Settlement in FTCA History
  • Record-Setting $44,717,681
    Trial Win
    Air Force Birth Injury
  • Record-Setting $21,592,643
    Trial Win
    VA Medical Malpractice
  • Record-Setting $10,500,000
    Settlement
    VA Medical Malpractice

More Medical Malpractice Statistics:

  • Malpractice can result in patients being administered medications that they are allergic to or that are contraindicated for their condition (or when other medications are also administered) ( Journal of the American Medical Association, 2020) 
  • Medical malpractice is more than a surgeon making a mistake during a surgery. It can include a failure to diagnose your condition, a misdiagnosis, an incorrect prescription, a lack of informed consent, and more. (John Hopkins University, 2016) 
  • While the cost of medical malpractice insurance to health care providers is only $1.9 billion dollars per year, the cost resulting from preventable medical errors to patients and families is between $17 billion and $29 billion dollars per year. (Howard Ankin, 2019) 
  • The mean age of a person who files medical malpractice claims is 42 years old. ( University of California at San Diego, 2019) 
  • Over 30% of physicians end up paying $10,000+ in medical malpractice insurance. (Wais Vogelstein Forman, 2014
  • Although some medical malpractice cases involve minor injuries, 80% of cases are related to severe patient injuries or deaths. (Harvard Health, 2019) 
  • New York leads the nation in medical malpractice payouts. In 2014 alone, New York medical negligence payouts totaled around $690 million (Washington Post, 2016
  • According to a 2010 report by the Office of Inspector General of the Department of Health and Human Services, one in seven hospitalized Medicare patients experience a serious medical error (Briskman, 2016) 
  • Approximately 2% of those suffering from medical malpractice file claims for compensation. (Journal of the American Medical Association, 2020) 
  • Some estimates suggest lawsuits against OBGYNs and other providers involved in the treatment of pregnant women comprise about 20% of all medical malpractice cases. (Power Rogers, 2019)
  • In most states, you must bring a medical malpractice claim fairly quickly — often between six months and two years, depending on the state. (Coulter Boeschen, 2020) 
  • Approximately 15,000-19,000 lawsuits are filed each year in the U.S. claiming medical malpractice or negligence (Rad Law Firm, 2016)

What Sets Us Apart

  • PEER APPROVED

    More attorneys named Super Lawyers by Thomson Reuters in the “Personal Injury Medical Malpractice: Plaintiff” category in 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, and 2025, than any other law firm in Texas (Bill Whitehurst, Chip Brees, Michelle Cheng, Jamal Alsaffar, Laurie Higginbotham and Tom Jacob)

  • RECORD-SETTING RESULTS NATIONWIDE

    Our firm has achieved some of the highest judgments and settlements under the Federal Tort Claims Act across multiple states. With a track record of setting legal benchmarks nationwide, we are committed to delivering exceptional outcomes for our clients.

  • TEXAS ROOTS

    Founded in Austin with more than 50 years of trial experience.

  • NATIONAL REACH

    National results in complex personal injury litigation.

  • DEEP BENCH

    Many experienced lawyers ready to serve you.

  • SE HABLA ESPAÑOL

    Our team has multiple Spanish speaking staff members.