Medical malpractice remains a significant issue across the United States, with certain states experiencing higher incidences and payouts than others. In an effort to protect victims’ rights but simultaneously reduce their financial impact on healthcare systems, states with some of the highest number of claims and payouts have instituted new statutes addressing claimant cases.
Let’s break down the top states affected by medical malpractice and discuss the frequency of claims seen in those states and their payouts. We’ll then explore the impact those claims have had on each state’s healthcare system and how the states have taken steps to minimize their financial fallout.
Top States With the Most Medical Malpractice Claims
The instances of medical malpractice that appear in state courtrooms can range in severity from inconvenient to life-changing. As of 2024, the states that saw the most medical malpractice claims included the following:
- New York
- West Virginia
- Louisiana
- Florida
- Georgia
New York saw the highest number of claims out of all 50 states, with 659 making their way to court over the course of the year. Georgia, while still ranking high, only saw 311.
West Virginia residents saw the greatest medical malpractice payouts, all totaling over 1.5 billion. Florida saw a considerable number of claims with substantial settlements – not high enough to push West Virginia from the podium, but enough to establish a clear correlation between its medical malpractice claims and significant healthcare expenses.
Meanwhile, Louisiana boasted the highest number of adverse action reports, suggesting that it, of all states, saw one of the highest frequencies of identifiable medical malpractice.
Average Payouts in Medical Malpractice Claims
Breaking down the average payouts in each state’s medical malpractice claims helps illustrate the financial impact on both patients and healthcare providers. As of 2022, The World Population Review reported that the states with the most notable medical malpractice payouts include the following:
- New York, with approximately $775,000 in average payouts
- California, with $340,000 in average payouts
- Illinois, with $545,000 in average payouts
- Georgia, with $400,00 in average payouts
Unfortunately, these higher-than-average payouts had a notable impact on the affordability of healthcare services in their states. Healthcare providers consistently bear the brunt of higher settlements, often adjusting the price of their services to accommodate for lost profit.
Impact on the Healthcare System in the Most Affected States
As mentioned, the high frequency and significant payouts of medical malpractice claims greatly affect healthcare systems in various states. These impacts include increased operational costs and changes in medical practices.
For example, in New York and Florida, higher complaint payouts require improved defensive medical practices, increasing the price of essential treatments. New York’s healthcare facilities have specifically seen the possible overuse of diagnostic tests on patients in need of urgent care.
Likewise, Texas’s healthcare system has seen a stark decrease in patient trust, resulting in policy changes that have reduced access to key services. Georgia responded to a similar decrease in trust by improving patient safety protocols, a process that unfortunately raised operating costs.
Finding the Balance Between Patient and Industry Needs
On paper, medical malpractice claims help restore much-needed financial resources to patients negatively impacted by negligence in healthcare environments. However, medical malpractice can have a negative impact on both patients and providers, with patients struggling to make their needs known and providers increasing their costs to accommodate significant payouts.
Any patient undergoing trauma from unaddressed medical malpractice deserves an opportunity to pursue justice. At the same time, though, states have the right to institute reforms designed to reduce their overall malpractice instances and the financial impact those instances have on their ability to care for other patients.
Can someone seeking justice for medical malpractice still benefit from a claim, even in light of the reforms highly-impacted states have made in light of their recent uptick in cases? Yes. However, anyone interested in pursuing fair compensation should seek our legal assistance to better navigate the complexities of a claim.
Policy Implications and Reforms in Most Affected States
Several states have recently implemented policy reforms designed to curb instances of medical malpractice. Many of those reforms also protect healthcare providers from the exorbitant cost of medical malpractice settlements.
California
In California, the Medical Injury Compensation Reform Act imposes caps on non-economic damages, ensuring that while medical malpractice victims retain the right to receive damages for their losses, they cannot receive more than $390,000 for non-fatal cases. Families contending with a wrongful death of a loved one may receive up to $550,000.
In other words, yes, there are damage caps in California’s personal injury cases, but that doesn’t mean that these cases aren’t worth pursuing.
Florida
Florida’s Department of Health requires healthcare providers to report significant medical errors within 15 days of discovering wrong-site surgeries, medication errors, and diagnostic mistakes, alongside other mistakes.
The state hopes that its stricter reporting and monitoring systems will reduce the amount of malpractice claims that impact its healthcare system. The Agency for Healthcare Administration enforces these regulations and will inflict fines and non-compliance penalties on those institutions that fail to comply.
Anyone interested in pursuing a medical malpractice case in Florida can further explore the role hospital policies play in medical malpractice cases as their fight for compensation evolves.
New York
Recently, New York adopted mediation and arbitration processes to conclude medical malpractice claims without crowding the state’s civil courtrooms. The state hopes that reductions in court congestion and frivolous claims will make it easier for the right people to receive the financial support they deserve.
Georgia
Georgia’s efforts to improve safety and reduce malpractice have been focused on providing ongoing medical education as well as stricter regulations. Physicians must complete 40 hours of continued medical education on a biannual basis, including additional training on the following:
- Pain management
- Palliative medicine
- Controlled substance prescribing practices
Likewise, the state now requires that plaintiffs in medical malpractice cases submit an affidavit from a qualified expert who can attest to the validity of the claim before proceeding with the lawsuit. The state refers to this requirement as its “expert affidavit.”
What’s more, injured parties have to consider Georgia’s medical malpractice deadline. Filers have no more than two years to file a claim upon discovering an injury, according to the state’s statute of limitations. Fortunately, medical malpractice lawyers in Atlanta, GA, can streamline the filing process and prevent physical limitations from waiving a client’s right to support.
Addressing Medical Malpractice on a Nationwide Scale
The landscape of medical malpractice claims has always put providers and patients in complicated positions. Anyone interested in pursuing a claim against a negligent provider has the right to do so while operating within the boundaries established by legislation passed as a response to rising medical costs.
Bader Scott invites anyone who believes they may have the right to file a medical malpractice claim to book a free case consultation with our attorneys. We can discuss what limitations, if any, a state puts on its residents’ claims and how patients can still recover the financial support they deserve.