Medical Malpractice Statistics for 2024

Published on June 15, 2024

Doctors and other medical providers owe their patients a special duty of care. They must treat patients at the standard of care accepted by the medical community or the way another, reasonable physician would treat them under the same circumstances. When a clinician fails in this duty, it constitutes medical malpractice and leaves them liable for the victim’s damages like medical expenses, lost income, and pain and suffering compensation. Consulting a medical malpractice attorney in Arizona can help victims understand their rights and seek compensation.

Although an earlier study citing medical malpractice as the nation’s third leading cause of death has been largely debunked as faulty, the fact is that malpractice cases remain high in the United States based on how many victims file claims each year. A startling 31.2% of physicians face at least one medical malpractice lawsuit during their careers.

Where Does Medical Malpractice Occur?

Emergency rooms are commonly cited in medical malpractice cases claiming missed diagnosis, misdiagnosis, or delayed diagnosis; however, medical malpractice cases also occur in the following environments:

• Hospitals and surgery units
• Birthing centers
• Surgical centers
• Clinics
• Physician’s offices
• Dentist’s and orthodontist’s office

Doctors, nurses, physician assistants, facility administrators, and medical clinicians are commonly named in medical malpractice cases.

Key Statistics on Medical Malpractice in 2024

As statistics come into place in 2024, medical malpractice lawsuits continue to rise. California had the highest number of cases in 2023 at 5,313 claims with Texas and Florida coming in at second and third with over 4,000 cases. Other key medical malpractice statistics are as follows:

• Surgeons are the physicians sued for malpractice most often
• Statistics show that up to 15% of all medical interactions include an error
• Infections, cancer, and vascular events are the most commonly misdiagnosed medical conditions
• One in five people report experiencing at least one case of malpractice in their lifetimes
• About 12 million people experience diagnostic errors as outpatients each year
• Over 20% of Medicare patients report medical malpractice in nursing home facilities
• 33% of malpractice-related adverse events take place in hospitals
• The largest verdict in a medical malpractice case resolved in 2023 was $180 million in Hagans vs. Hospital of the University of Pennsylvania due to a delayed C-section with lasting negative health and cognitive effects on the child
• Wrong-site surgery was the second-most-reported medical malpractice event categorized as “Never Events” between 1995 and 2005. Never Events are sentinel events that are so serious that the medical industry’s goal is for them to occur at 0%
• Wrong-site surgery rated at 6% of Never Events in 2022
• Failure to follow protocol was the leading cause of wrong-site surgeries
• Insulin and Morphine are the two most commonly cited medications in medication error malpractice claims

Over 96% of medical malpractice claims are resolved outside of court through a settlement with the provider’s medical malpractice insurance. Over 250,000 deaths are attributable to medical malpractice each year or about 9.5% of all deaths.

Medical Malpractice Is a Leading Cause of Death

Despite questions about the methods used in the study, the Johns Hopkins study on medical malpractice cases has a startling conclusion, placing medical malpractice as a leading cause of death in the U.S. along with cancer, heart disease, and respiratory diseases.