While medical errors are one of the leading causes of death in the United States, accountability in health care often depends on costly and complex malpractice litigation. As deaths due to medical and surgical complications rise, malpractice activity can shine an important light on the functioning and quality of different state-level health care systems.
Medical malpractice activity varies widely from state to state. In the state with the most successful litigation, there were $273 in medical malpractice payouts per capita from 2015 to 2024 – more than 10 times the state with the least litigation. While medical malpractice payouts don’t capture every instance of medical negligence, malpractice activity is correlated with factors like physician pay, physician concentration rates, and mortality due to medical and surgical complications. A closer look at the data reveals the states with the most medical malpractice activity.
To determine the states with the most medical malpractice activity, 24/7 Wall St. reviewed data from the National Practitioner Data Bank of the U.S. Department of Health & Human Services and the U.S. Census Bureau’s Population and Housing Unit Estimates program. States were ranked based on the total amount of medical malpractice payouts per state resident from 2015 to 2024. Supplemental data on the number of deaths due to complications of medical and surgical care per 100,000 state residents are from the CDC’s WONDER database, while data on median annual salary for health care practitioners and technical occupations are from the Bureau of Labor Statistics Occupational Employment and Wage Statistics program and are for May 2024. Data on the percentage of the civilian noninstitutionalized population with private health insurance is from the U.S. Census Bureau’s 2023 American Community Survey. Data on the number of practicing physicians in each state is from the Kaiser Family Foundation and is for January 2025.
50. North Dakota
- Medical malpractice payouts, 2015-2024: $26.76 per capita ($21.0 million total)
- Average medical malpractice payout, 2015-2024: $368,061 (57 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.1 per 100,000 people
- Median annual salary for healthcare practitioners: $77,750
- Concentration of physicians: 315.3 per 100,000 residents
- Population with private health insurance: 80.8%
49. Texas
- Medical malpractice payouts, 2015-2024: $30.24 per capita ($922.3 million total)
- Average medical malpractice payout, 2015-2024: $229,548 (4,018 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.2 per 100,000 people
- Median annual salary for healthcare practitioners: $79,510
- Concentration of physicians: 243.1 per 100,000 residents
- Population with private health insurance: 63.3%
48. Wisconsin
- Medical malpractice payouts, 2015-2024: $33.82 per capita ($199.9 million total)
- Average medical malpractice payout, 2015-2024: $620,748 (322 cases)
- Deaths from medical and surgical care complications, 2021-2023: 0.9 per 100,000 people
- Median annual salary for healthcare practitioners: $81,620
- Concentration of physicians: 333.5 per 100,000 residents
- Population with private health insurance: 72.8%
47. North Carolina
- Medical malpractice payouts, 2015-2024: $34.21 per capita ($370.7 million total)
- Average medical malpractice payout, 2015-2024: $377,515 (982 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.2 per 100,000 people
- Median annual salary for healthcare practitioners: $79,210
- Concentration of physicians: 298.9 per 100,000 residents
- Population with private health insurance: 67.3%
46. Tennessee
- Medical malpractice payouts, 2015-2024: $41.47 per capita ($295.5 million total)
- Average medical malpractice payout, 2015-2024: $328,741 (899 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.3 per 100,000 people
- Median annual salary for healthcare practitioners: $75,830
- Concentration of physicians: 297.6 per 100,000 residents
- Population with private health insurance: 66.3%
45. Michigan
- Medical malpractice payouts, 2015-2024: $50.77 per capita ($509.6 million total)
- Average medical malpractice payout, 2015-2024: $254,431 (2,003 cases)
- Deaths from medical and surgical care complications, 2021-2023: 0.9 per 100,000 people
- Median annual salary for healthcare practitioners: $81,880
- Concentration of physicians: 409.4 per 100,000 residents
- Population with private health insurance: 69.9%
44. Minnesota
- Medical malpractice payouts, 2015-2024: $51.98 per capita ($298.2 million total)
- Average medical malpractice payout, 2015-2024: $786,892 (379 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.0 per 100,000 people
- Median annual salary for healthcare practitioners: $95,380
- Concentration of physicians: 342.1 per 100,000 residents
- Population with private health insurance: 75.0%
43. Mississippi
- Medical malpractice payouts, 2015-2024: $53.29 per capita ($156.7 million total)
- Average medical malpractice payout, 2015-2024: $326,381 (480 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.6 per 100,000 people
- Median annual salary for healthcare practitioners: $64,960
- Concentration of physicians: 245.3 per 100,000 residents
- Population with private health insurance: 62.1%
42. Alabama
- Medical malpractice payouts, 2015-2024: $55.04 per capita ($281.2 million total)
- Average medical malpractice payout, 2015-2024: $572,647 (491 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.0 per 100,000 people
- Median annual salary for healthcare practitioners: $64,590
- Concentration of physicians: 262.5 per 100,000 residents
- Population with private health insurance: 67.1%
41. Colorado
- Medical malpractice payouts, 2015-2024: $55.36 per capita ($325.4 million total)
- Average medical malpractice payout, 2015-2024: $467,492 (696 cases)
- Deaths from medical and surgical care complications, 2021-2023: 0.9 per 100,000 people
- Median annual salary for healthcare practitioners: $86,740
- Concentration of physicians: 289.4 per 100,000 residents
- Population with private health insurance: 70.3%
40. Utah
- Medical malpractice payouts, 2015-2024: $56.06 per capita ($191.6 million total)
- Average medical malpractice payout, 2015-2024: $333,200 (575 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.0 per 100,000 people
- Median annual salary for healthcare practitioners: $79,440
- Concentration of physicians: 251.9 per 100,000 residents
- Population with private health insurance: 78.1%
39. California
- Medical malpractice payouts, 2015-2024: $56.44 per capita ($2.2 billion total)
- Average medical malpractice payout, 2015-2024: $299,154 (7,352 cases)
- Deaths from medical and surgical care complications, 2021-2023: 0.6 per 100,000 people
- Median annual salary for healthcare practitioners: $119,990
- Concentration of physicians: 315.6 per 100,000 residents
- Population with private health insurance: 63.4%
38. Ohio
- Medical malpractice payouts, 2015-2024: $58.27 per capita ($686.8 million total)
- Average medical malpractice payout, 2015-2024: $482,997 (1,422 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.3 per 100,000 people
- Median annual salary for healthcare practitioners: $79,130
- Concentration of physicians: 380.6 per 100,000 residents
- Population with private health insurance: 67.3%
37. Virginia
- Medical malpractice payouts, 2015-2024: $58.49 per capita ($509.8 million total)
- Average medical malpractice payout, 2015-2024: $493,490 (1,033 cases)
- Deaths from medical and surgical care complications, 2021-2023: 0.9 per 100,000 people
- Median annual salary for healthcare practitioners: $81,700
- Concentration of physicians: 314.1 per 100,000 residents
- Population with private health insurance: 72.8%
36. Arkansas
- Medical malpractice payouts, 2015-2024: $59.56 per capita ($182.7 million total)
- Average medical malpractice payout, 2015-2024: $403,338 (453 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.6 per 100,000 people
- Median annual salary for healthcare practitioners: $67,930
- Concentration of physicians: 257.4 per 100,000 residents
- Population with private health insurance: 60.2%
35. Idaho
- Medical malpractice payouts, 2015-2024: $62.22 per capita ($122.3 million total)
- Average medical malpractice payout, 2015-2024: $503,098 (243 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.3 per 100,000 people
- Median annual salary for healthcare practitioners: $79,780
- Concentration of physicians: 192.7 per 100,000 residents
- Population with private health insurance: 68.8%
34. Vermont
- Medical malpractice payouts, 2015-2024: $63.22 per capita ($40.9 million total)
- Average medical malpractice payout, 2015-2024: $435,447 (94 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.3 per 100,000 people
- Median annual salary for healthcare practitioners: $84,660
- Concentration of physicians: 417.3 per 100,000 residents
- Population with private health insurance: 69.9%
33. Nebraska
- Medical malpractice payouts, 2015-2024: $65.25 per capita ($129.1 million total)
- Average medical malpractice payout, 2015-2024: $381,935 (338 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.3 per 100,000 people
- Median annual salary for healthcare practitioners: $79,420
- Concentration of physicians: 350.0 per 100,000 residents
- Population with private health insurance: 74.1%
32. Oklahoma
- Medical malpractice payouts, 2015-2024: $67.46 per capita ($273.5 million total)
- Average medical malpractice payout, 2015-2024: $299,186 (914 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.0 per 100,000 people
- Median annual salary for healthcare practitioners: $76,160
- Concentration of physicians: 254.1 per 100,000 residents
- Population with private health insurance: 61.5%
31. Iowa
- Medical malpractice payouts, 2015-2024: $69.35 per capita ($222.4 million total)
- Average medical malpractice payout, 2015-2024: $528,284 (421 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.1 per 100,000 people
- Median annual salary for healthcare practitioners: $74,430
- Concentration of physicians: 275.4 per 100,000 residents
- Population with private health insurance: 71.8%
30. Nevada
- Medical malpractice payouts, 2015-2024: $72.56 per capita ($231.8 million total)
- Average medical malpractice payout, 2015-2024: $345,945 (670 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.0 per 100,000 people
- Median annual salary for healthcare practitioners: $92,980
- Concentration of physicians: 208.7 per 100,000 residents
- Population with private health insurance: 64.1%
29. Arizona
- Medical malpractice payouts, 2015-2024: $73.91 per capita ($549.2 million total)
- Average medical malpractice payout, 2015-2024: $451,285 (1,217 cases)
- Deaths from medical and surgical care complications, 2021-2023: 0.9 per 100,000 people
- Median annual salary for healthcare practitioners: $87,750
- Concentration of physicians: 268.6 per 100,000 residents
- Population with private health insurance: 64.0%
28. Washington
- Medical malpractice payouts, 2015-2024: $73.92 per capita ($577.6 million total)
- Average medical malpractice payout, 2015-2024: $545,386 (1,059 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.2 per 100,000 people
- Median annual salary for healthcare practitioners: $103,660
- Concentration of physicians: 310.8 per 100,000 residents
- Population with private health insurance: 70.2%
27. South Carolina
- Medical malpractice payouts, 2015-2024: $75.05 per capita ($403.3 million total)
- Average medical malpractice payout, 2015-2024: $353,118 (1,142 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.1 per 100,000 people
- Median annual salary for healthcare practitioners: $77,920
- Concentration of physicians: 272.2 per 100,000 residents
- Population with private health insurance: 66.8%
26. Indiana
- Medical malpractice payouts, 2015-2024: $75.13 per capita ($515.5 million total)
- Average medical malpractice payout, 2015-2024: $249,288 (2,068 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.3 per 100,000 people
- Median annual salary for healthcare practitioners: $78,330
- Concentration of physicians: 269.9 per 100,000 residents
- Population with private health insurance: 67.8%
25. Missouri
- Medical malpractice payouts, 2015-2024: $76.02 per capita ($471.0 million total)
- Average medical malpractice payout, 2015-2024: $398,180 (1,183 cases)
- Deaths from medical and surgical care complications, 2021-2023: 0.8 per 100,000 people
- Median annual salary for healthcare practitioners: $76,400
- Concentration of physicians: 361.5 per 100,000 residents
- Population with private health insurance: 68.4%
24. South Dakota
- Medical malpractice payouts, 2015-2024: $80.09 per capita ($73.6 million total)
- Average medical malpractice payout, 2015-2024: $688,143 (107 cases)
- Deaths from medical and surgical care complications, 2021-2023: 0.5 per 100,000 people
- Median annual salary for healthcare practitioners: $69,510
- Concentration of physicians: 278.0 per 100,000 residents
- Population with private health insurance: 73.3%
23. Kansas
- Medical malpractice payouts, 2015-2024: $82.90 per capita ($243.8 million total)
- Average medical malpractice payout, 2015-2024: $219,428 (1,111 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.5 per 100,000 people
- Median annual salary for healthcare practitioners: $75,120
- Concentration of physicians: 307.5 per 100,000 residents
- Population with private health insurance: 73.2%
22. Alaska
- Medical malpractice payouts, 2015-2024: $83.01 per capita ($60.9 million total)
- Average medical malpractice payout, 2015-2024: $515,917 (118 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.0 per 100,000 people
- Median annual salary for healthcare practitioners: $102,660
- Concentration of physicians: 289.6 per 100,000 residents
- Population with private health insurance: 66.0%
21. Wyoming
- Medical malpractice payouts, 2015-2024: $84.59 per capita ($49.4 million total)
- Average medical malpractice payout, 2015-2024: $581,247 (85 cases)
- Deaths from medical and surgical care complications, 2021-2023: 2.2 per 100,000 people
- Median annual salary for healthcare practitioners: $81,210
- Concentration of physicians: 254.4 per 100,000 residents
- Population with private health insurance: 71.0%
20. Kentucky
- Medical malpractice payouts, 2015-2024: $84.80 per capita ($383.8 million total)
- Average medical malpractice payout, 2015-2024: $378,136 (1,015 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.3 per 100,000 people
- Median annual salary for healthcare practitioners: $76,380
- Concentration of physicians: 283.5 per 100,000 residents
- Population with private health insurance: 62.8%
19. Delaware
- Medical malpractice payouts, 2015-2024: $87.95 per capita ($90.8 million total)
- Average medical malpractice payout, 2015-2024: $447,059 (203 cases)
- Deaths from medical and surgical care complications, 2021-2023: 0.9 per 100,000 people
- Median annual salary for healthcare practitioners: $87,840
- Concentration of physicians: 364.6 per 100,000 residents
- Population with private health insurance: 69.1%
18. Maine
- Medical malpractice payouts, 2015-2024: $92.84 per capita ($129.6 million total)
- Average medical malpractice payout, 2015-2024: $586,353 (221 cases)
- Deaths from medical and surgical care complications, 2021-2023: 0.9 per 100,000 people
- Median annual salary for healthcare practitioners: $82,860
- Concentration of physicians: 379.2 per 100,000 residents
- Population with private health insurance: 67.5%
17. Montana
- Medical malpractice payouts, 2015-2024: $96.80 per capita ($109.7 million total)
- Average medical malpractice payout, 2015-2024: $375,543 (292 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.2 per 100,000 people
- Median annual salary for healthcare practitioners: $79,850
- Concentration of physicians: 248.6 per 100,000 residents
- Population with private health insurance: 65.4%
16. Oregon
- Medical malpractice payouts, 2015-2024: $100.46 per capita ($425.3 million total)
- Average medical malpractice payout, 2015-2024: $593,962 (716 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.1 per 100,000 people
- Median annual salary for healthcare practitioners: $108,070
- Concentration of physicians: 318.1 per 100,000 residents
- Population with private health insurance: 66.9%
15. Florida
- Medical malpractice payouts, 2015-2024: $110.63 per capita ($2.5 billion total)
- Average medical malpractice payout, 2015-2024: $304,022 (8,228 cases)
- Deaths from medical and surgical care complications, 2021-2023: 0.9 per 100,000 people
- Median annual salary for healthcare practitioners: $80,020
- Concentration of physicians: 286.5 per 100,000 residents
- Population with private health insurance: 64.2%
14. Hawaii
- Medical malpractice payouts, 2015-2024: $113.59 per capita ($163.0 million total)
- Average medical malpractice payout, 2015-2024: $634,281 (257 cases)
- Deaths from medical and surgical care complications, 2021-2023: 0.7 per 100,000 people
- Median annual salary for healthcare practitioners: $104,000
- Concentration of physicians: 309.5 per 100,000 residents
- Population with private health insurance: 75.2%
13. Georgia
- Medical malpractice payouts, 2015-2024: $114.95 per capita ($1.3 billion total)
- Average medical malpractice payout, 2015-2024: $548,590 (2,311 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.0 per 100,000 people
- Median annual salary for healthcare practitioners: $81,520
- Concentration of physicians: 272.9 per 100,000 residents
- Population with private health insurance: 66.3%
12. Maryland
- Medical malpractice payouts, 2015-2024: $117.92 per capita ($728.8 million total)
- Average medical malpractice payout, 2015-2024: $445,997 (1,634 cases)
- Deaths from medical and surgical care complications, 2021-2023: 0.9 per 100,000 people
- Median annual salary for healthcare practitioners: $95,620
- Concentration of physicians: 444.6 per 100,000 residents
- Population with private health insurance: 73.1%
11. Louisiana
- Medical malpractice payouts, 2015-2024: $121.35 per capita ($555.0 million total)
- Average medical malpractice payout, 2015-2024: $260,824 (2,128 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.0 per 100,000 people
- Median annual salary for healthcare practitioners: $69,940
- Concentration of physicians: 304.8 per 100,000 residents
- Population with private health insurance: 57.7%
10. West Virginia
- Medical malpractice payouts, 2015-2024: $129.82 per capita ($229.8 million total)
- Average medical malpractice payout, 2015-2024: $346,587 (663 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.3 per 100,000 people
- Median annual salary for healthcare practitioners: $69,340
- Concentration of physicians: 328.5 per 100,000 residents
- Population with private health insurance: 63.3%
9. New Hampshire
- Medical malpractice payouts, 2015-2024: $159.46 per capita ($223.6 million total)
- Average medical malpractice payout, 2015-2024: $665,406 (336 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.0 per 100,000 people
- Median annual salary for healthcare practitioners: $88,160
- Concentration of physicians: 318.4 per 100,000 residents
- Population with private health insurance: 75.9%
8. Illinois
- Medical malpractice payouts, 2015-2024: $161.52 per capita ($2.0 billion total)
- Average medical malpractice payout, 2015-2024: $709,014 (2,859 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.0 per 100,000 people
- Median annual salary for healthcare practitioners: $82,960
- Concentration of physicians: 371.0 per 100,000 residents
- Population with private health insurance: 69.7%
7. New Mexico
- Medical malpractice payouts, 2015-2024: $162.84 per capita ($344.3 million total)
- Average medical malpractice payout, 2015-2024: $376,700 (914 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.5 per 100,000 people
- Median annual salary for healthcare practitioners: $84,380
- Concentration of physicians: 322.0 per 100,000 residents
- Population with private health insurance: 54.1%
6. Massachusetts
- Medical malpractice payouts, 2015-2024: $192.27 per capita ($1.3 billion total)
- Average medical malpractice payout, 2015-2024: $764,434 (1,761 cases)
- Deaths from medical and surgical care complications, 2021-2023: 0.8 per 100,000 people
- Median annual salary for healthcare practitioners: $97,790
- Concentration of physicians: 526.2 per 100,000 residents
- Population with private health insurance: 73.1%
5. New Jersey
- Medical malpractice payouts, 2015-2024: $199.71 per capita ($1.9 billion total)
- Average medical malpractice payout, 2015-2024: $514,257 (3,608 cases)
- Deaths from medical and surgical care complications, 2021-2023: 0.8 per 100,000 people
- Median annual salary for healthcare practitioners: $100,350
- Concentration of physicians: 364.2 per 100,000 residents
- Population with private health insurance: 70.1%
4. Connecticut
- Medical malpractice payouts, 2015-2024: $201.52 per capita ($728.9 million total)
- Average medical malpractice payout, 2015-2024: $711,861 (1,024 cases)
- Deaths from medical and surgical care complications, 2021-2023: 0.8 per 100,000 people
- Median annual salary for healthcare practitioners: $97,450
- Concentration of physicians: 451.4 per 100,000 residents
- Population with private health insurance: 67.8%
3. Rhode Island
- Medical malpractice payouts, 2015-2024: $205.48 per capita ($225.2 million total)
- Average medical malpractice payout, 2015-2024: $561,605 (401 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.1 per 100,000 people
- Median annual salary for healthcare practitioners: $90,690
- Concentration of physicians: 434.4 per 100,000 residents
- Population with private health insurance: 70.5%
2. Pennsylvania
- Medical malpractice payouts, 2015-2024: $215.94 per capita ($2.8 billion total)
- Average medical malpractice payout, 2015-2024: $464,328 (6,028 cases)
- Deaths from medical and surgical care complications, 2021-2023: 1.0 per 100,000 people
- Median annual salary for healthcare practitioners: $80,250
- Concentration of physicians: 418.3 per 100,000 residents
- Population with private health insurance: 70.1%
1. New York
- Medical malpractice payouts, 2015-2024: $273.64 per capita ($5.4 billion total)
- Average medical malpractice payout, 2015-2024: $502,292 (10,662 cases)
- Deaths from medical and surgical care complications, 2021-2023: 0.9 per 100,000 people
- Median annual salary for healthcare practitioners: $99,890
- Concentration of physicians: 474.4 per 100,000 residents
- Population with private health insurance: 65.1%
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