Medical Malpractice Statistics and Facts (2024)

Recent statistics on medical malpractice provide an understanding of the potential threat that healthcare may pose.

Here are 9 facts and statistics about medical malpractice in 2024.

1.   Are Medical Malpractice Lawsuits Common?

Studies by the American Medical Association indicate that nearly one-third of all clinicians face medical malpractice lawsuits during their careers. Some surgical specialists have greater odds of being sued, potentially because of the more delicate nature of their work, which may lead to a higher risk of injury. Also, the National Practitioner Data Bank reports over ten years, from 2013-2023, an average of 8,437 medical malpractice reports were paid out per year. These numbers do not reflect the actual number of cases filed, including those with no payout.

2.   Is There an Average Amount for Medical Malpractice Compensation?

As the National Practitioner Data Bank documented, medical malpractice payouts amounted to over $34 billion between 2013 and 2023. The average medical malpractice settlement claim amounts fall between $350,000 to $400,000. However, it is critical to note the significant ranges in the amount of medical malpractice payments:

• The payment amounts varied between less than $50,000 and over $2 million.
• Over 52,000 medical malpractice payouts ranged between $100,000 and $999,999.
• Almost 24,000 medical malpractice payouts averaged $99,999 or less.

Discussing your claim with a medical malpractice lawyer at Lopez McHugh LLP allows you to review the specific damages that apply to your medical malpractice claim. A comprehensive evaluation of your costs will determine what compensation may be available for your damages. Average medical malpractice compensation amounts may not be reflective of your claim. However, our team will strive to maximize your compensation potential.

3.   What Factors Contribute to Medical Malpractice Compensation Amounts?

Each medical malpractice claim is unique and based on your experience and the damages you suffer. Surgical errors, birth injuries, and misdiagnosis may result in higher compensation. The more your injuries affect your life and the longer they are expected to last may increase your claim value. Additionally, the non-economic damages, such as pain and suffering, will play a role in your financial recovery.

Whether a case settles or goes to court will also impact the outcome of a claim. Proceeding with a case in court is often riskier but may yield more financial compensation. A medical malpractice lawyer in Philadelphia can discuss the strength of your case with you and the benefits each legal option provides.

4.   What is the Cost of Medical Errors?

Not only have medical errors become a leading cause of death, but they are costly. The estimated cost is difficult to quote definitively because what constitutes a medical error varies among US health organizations. However, according to a National Library of Medicine study, some experts estimate the total cost of medical errors to be $20 billion a year. Others estimate that hospital-acquired infections alone cost between $35.7 to $45 billion annually. This study also cites medical errors as the third leading cause of death in the US.

5.   What Are the Common Types of Medical Errors Leading to Malpractice Claims?

As with cost, the type of medical errors a patient may experience are unique to their situation. To pursue a medical malpractice claim, a patient must prove their injuries result from a healthcare provider’s actions or inactions. Common errors a patient may encounter include:

• Surgical
• Diagnostic
• Medication
• Equipment failure
• Hospital-acquired infection
• Injuries from falls
• Failure to communicate

A certificate of merit in the Commonwealth of Pennsylvania produced by a licensed professional is necessary to pursue a medical malpractice claim. New Jersey also requires an affidavit of merit. California does not require you to file an affidavit or certificate of merit to seek compensation for medical malpractice.

6.   How Long Does a Medical Malpractice Case Take?

Whether a claim settles or a case goes to court will impact how long the legal process takes. Filing a medical malpractice claim begins with a physician’s malpractice insurance company. Negotiations by an experienced medical malpractice lawyer with the insurance provider may take a year or more. However, it may take months or years to reach a medical malpractice judgment in court.

7.   How Long Do I Have to File a Medical Malpractice Lawsuit?

Filing a claim with the insurance company does not equal or initiate legal action. Insurance companies may choose to settle a claim quickly to prevent legal action. Each state or commonwealth creates a statute of limitations allowing individuals to file a legal action for damages resulting from negligence. In Pennsylvania, injured parties have two years from the date the injuries occurred or were first discovered to file a medical malpractice lawsuit.

Various factors, including the discovery rule, may impact the time available to file a lawsuit. The discovery rule considers how much time it reasonably takes to become aware of the injuries resulting from medical care. The statute of limitations applies once the victim discovers their injuries from medical malpractice ,preventing a practitioner from escaping liability.

8.   Will I Pay Taxes on Compensation from a Medical Malpractice Settlement or Award?

Paying taxes on a medical malpractice claim will depend on its classification as compensation or income. Compensation is not generally taxed because you’ve already paid taxes on the income you used to pay medical bills. However, suppose you previously claimed these medical expenses as itemized deductions when you filed your taxes. In that case, the settlement amount may count as income and require taxation. Your attorney or an accountant can advise you on your specific circumstances.

There are no caps on economic damages in Pennsylvania, California, and New Jersey. Pennsylvania and New Jersey also do not have caps on medical malpractice damages for non-economic damages. However, there is an exception for future medical life care plans in Pennsylvania. In comparison, California’s non-economic malpractice limits damages to $350,000 and $500,000 when medical malpractice results in wrongful death.

Punitive damages will likely face taxes unless wrongful death occurs from medical malpractice since they are a punishment for exceptional acts of negligence, not a compensatory award. In Pennsylvania, punitive damages in a medical malpractice case cannot exceed 200% of the compensatory damages. California places no caps on punitive damages. In New Jersey, punitive damage caps are set at $350,000 or five times the compensatory damages compensation, depending on the more significant amount.

9.   How Can I Learn More About Medical Malpractice Lawsuits?

Lopez McHugh LLP recognizes the impact of medical malpractice on the lives of those trusting healthcare providers for essential treatment. The staggering statistics regarding medical malpractice and medical errors are cause for concern. If you or someone you love suspects medical malpractice has impacted a health outcome, it is worth the time to schedule a free consultation to discuss your concerns and options for potential compensation.