Medical malpractice is an uncomfortable but sadly necessary part of keeping unconscientious medical practitioners accountable. In this article, we will show you what medical malpractice payouts by state look like, as well as some extra information about this issue.
What You Need to Know About Medical Malpractice Payouts
Let's be specific on what medical malpractice actually is. It occurs when a medical or healthcare professional causes injury or death to a person under their care. The cause of injury needs to occur due to said professional deviating from their professional standards and expectations, which leads to negligence or omissions within the provision of healthcare services.
The main factors that influence medical negligence payouts, as well as the odds of you winning, are the following:
Your age
The severity of your injuries
The severity, cost, and duration of future treatment and care
The nature of the malpractice
The supporting evidence you have
Testimony from experts
It might also be influenced by the healthcare coverage you have, and, of course, the state in which you are located in.
So, consider that a slight underestimation of an already light affliction will not be treated as severely as a complete misdiagnosis that leads to a lifetime of health problems.
Medical Malpractice Payouts by State: The Newest Data
The table below has complete data on malpractice payouts from 2021. You will note the significant difference between state to state in terms of both payouts and the number of cases.
| State | Number of Cases | Total payouts (in million $) | Average payout per case (in million $) |
| Alabama | 71 | $43.07 | $0.61 |
| Alaska | 13 | $3.97 | $0.31 |
| Arizona | 158 | $61.80 | $0.39 |
| Arkansas | 46 | $13.06 | $0.28 |
| California | 869 | $201.07 | $0.23 |
| Colorado | 96 | $28.65 | $0.30 |
| Connecticut | 107 | $63.25 | $0.59 |
| Delaware | 18 | $10.39 | $0.58 |
| D.C. | 23 | $9.46 | $0.41 |
| Florida | 1,034 | $306.27 | $0.30 |
| Georgia | 239 | $102.64 | $0.43 |
| Hawaii | 32 | $12.11 | $0.38 |
| Idaho | 30 | $6.62 | $0.22 |
| Illinois | 285 | $125.06 | $0.44 |
| Indiana | 297 | $67.25 | $0.23 |
| Iowa | 44 | $31.05 | $0.71 |
| Kansas | 109 | $28.25 | $0.26 |
| Kentucky | 113 | $28.26 | $0.25 |
| Louisiana | 217 | $46.79 | $0.22 |
| Maine | 30 | $21.31 | $0.71 |
| Maryland | 224 | $91.03 | $0.41 |
| Massachusetts | 199 | $120.10 | $0.60 |
| Michigan | 272 | $67.17 | $0.25 |
| Minnesota | 40 | $31.31 | $0.78 |
| Mississippi | 62 | $31.80 | $0.51 |
| Missouri | 173 | $59.93 | $0.35 |
| Montana | 46 | $11.29 | $0.25 |
| Nebraska | 29 | $8.42 | $0.29 |
| Nevada | 80 | $26.95 | $0.34 |
| New Hampshire | 49 | $18.34 | $0.37 |
| New Jersey | 378 | $150.52 | $0.40 |
| New Mexico | 107 | $35.31 | $0.33 |
| New York | 907 | $418.08 | $0.46 |
| North Carolina | 125 | $43.04 | $0.34 |
| North Dakota | 9 | $2.59 | $0.29 |
| Ohio | 201 | $74.27 | $0.37 |
| Oklahoma | 129 | $34.99 | $0.27 |
| Oregon | 86 | $47.17 | $0.55 |
| Pennsylvania | 610 | $240.98 | $0.40 |
| Rhode Island | 48 | $25.53 | $0.53 |
| South Carolina | 137 | $44.32 | $0.32 |
| South Dakota | 11 | $2.92 | $0.27 |
| Tennessee | 108 | $29.76 | $0.28 |
| Texas | 477 | $94.05 | $0.20 |
| Utah | 72 | $21.56 | $0.30 |
| Vermont | 7 | $2.31 | $0.33 |
| Virginia | 116 | $38.52 | $0.33 |
| Washington | 142 | $65.59 | $0.46 |
| West Virginia | 103 | $49.27 | $0.48 |
| Wisconsin | 48 | $29.16 | $0.61 |
| Wyoming | 8 | $2.53 | $0.32 |
| Puerto Rico | 168 | $9.43 | $0.06 |
| Total | 9,003 | $3,138.65 | $0.35 |
A Deeper Look into Medical Malpractice Awards by State
You might have noticed the significant differences in medical malpractice payouts by state in the table above. For example, Vermont has the lowest number of cases, at only seven in the last year. On the other hand, Florida has the largest number, at 1,034. However, New York had the largest total payout cost, with $418 million, even though Florida had more cases.
The reason behind such discrepancies vary. Just Like how Medicaid varies from state to state, so do malpractice payouts and cases. One large factor is simply population size—a state with a large number of citizens will lead to more cases through raw numbers alone.
Another, perhaps more important factor for medical negligence payout amounts is the differences in healthcare costs, as well as economic disparities between states. Citizens that are, on average, from a lower economic background will not have the funds to hire an attorney for a long period of time.
You should also consider the caps certain states place on their malpractice payouts.
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