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Medical Malpractice Rates Across the U.S.

Posted on August 5, 2026

When we visit a doctor or hospital, we place an enormous amount of trust in the healthcare professionals caring for us. While the vast majority of providers work hard to deliver safe, effective treatment, medical errors can occur, and in some cases, the consequences can be devastating.

A recent national analysis examining medical malpractice data from 2021 through 2025 offers insight into where malpractice claims are reported most frequently and how rates vary across the country.

States With the Highest Rates

Rather than simply counting the total number of malpractice reports, researchers calculated the number of reports per 1,000 practicing healthcare providers in each state. This measurement accounts for differences in state population and healthcare workforce size, creating a clearer picture of malpractice exposure.

The states with the highest malpractice report rates per 1,000 healthcare providers were:

  1. New Mexico (130.98)
  2. New York (108.99)
  3. Pennsylvania (100.80)
  4. Florida (96.86)
  5. Hawaii (85.85)

The highest volumes were found in:

  1. New York (5,932 reports)
  2. Florida (5,875 reports)
  3. California (5,100 reports)
  4. Pennsylvania (3,922 reports)
  5. New Jersey (2,768 reports)

States With the Lowest Rates

At the other end of the spectrum, the states with the lowest malpractice report rates per 1,000 practitioners included:

There’s quite a difference between the highest – New Mexico at 130.98 – and the lowest, North Dakota at 14.04 per thousand providers. The contrast illustrates just how much the medical malpractice landscape can differ from one state to another.

Why Such Big Differences?

There isn't a single explanation for why malpractice rates vary so widely. Experts point to several factors that can influence the numbers, including:

These factors all play a role in shaping each state's malpractice environment.

How Malpractice Concerns Can Affect Healthcare

Medical malpractice concerns don't just impact patients. They also influence how medicine is practiced. Many physicians report practicing what's known as defensive medicine, ordering additional tests, consultations, imaging studies, or documentation in part to reduce legal risk. This is particularly common in specialties where complications can occur even when appropriate medical care is provided, such as emergency medicine, obstetrics, neurosurgery, and surgery.

While defensive medicine can sometimes provide additional reassurance, it may also contribute to higher healthcare costs and additional procedures that are not always medically necessary.

What Patients Should Know

The data serves as an important reminder that medical malpractice is not evenly distributed across the country. Fortunately, most medical treatment is delivered safely and successfully every day. However, when preventable mistakes occur, the consequences can be life changing.

Tom Duffy is a top Philadelphia medical malpractice lawyer who has obtained recoveries and settlements from most of the large teaching hospitals and universities in the Philadelphia area. Please contact us to see if he can help you, too.