Kathrine Frich
No single factor fully explains New York’s high rate, several influences are likely at play.
No single factor fully explains New York’s high rate, several influences are likely at play.
New York Tops the List for Settlements
A comprehensive 20-year analysis of medical malpractice claims reveals that New York leads the nation with the highest number of settlements per healthcare provider.
According to the findings, the state recorded 663 payments per 1,000 medical professionals, well above the national average.
$408,000: The Average Payout for a Settled Claim
The study, which spans from 2004 to 2024, also found that the average payout for a settled malpractice claim was $408,000.
While cases vary in severity and complexity, this figure highlights the significant financial impact of errors in medical care.
What Counts as Medical Malpractice?
Medical News Today defines malpractice as a healthcare provider’s failure to deliver appropriate or standard care, resulting in harm, injury, or death.
This includes errors in diagnosis, treatment, aftercare, or medication management.
Why New York Sees So Many Claims
Although no single factor fully explains New York’s high rate, several influences are likely at play.
New York City’s dense population and concentration of major hospitals, many handling high-risk cases, mean more complex procedures and, in turn, more chances for error.
The state also has no cap on payout amounts, possibly encouraging more lawsuits.
Other States with High Malpractice Settlement Rates
The research identified several other states with notably high rates of malpractice payments:
- Pennsylvania: 503 per 1,000 providers
- New Mexico: 442 per 1,000 providers
- New Jersey: 418 per 1,000 providers
- Florida: 405 per 1,000 providers
At the opposite end of the spectrum, Alabama recorded just 86 settlements per 1,000 providers.
Misdiagnosis and Surgical Errors
While specific case data wasn’t detailed, prior studies point to misdiagnosis and botched surgeries as leading causes of malpractice suits.
These types of errors can have life-altering consequences, making them frequent subjects of litigation.
$70 Million Awarded Over Double Amputation
One recent case underscores the human cost of malpractice.
In Georgia, former schoolteacher Jessica Powell was awarded $70 million after a medical error led to the amputation of both her legs.
She collapsed at home in 2013 and was later diagnosed with sepsis, but doctors reportedly gave her a medication overdose, triggering catastrophic complications.
A 12-Year Legal Battle for Justice
Powell, who was just 28 at the time of her hospitalization, fought a 12-year legal battle against multiple doctors and Phoebe Putney Memorial Hospital in Albany.
Her victory marks one of the largest malpractice verdicts in Georgia’s history and highlights how long justice can take in such cases.
