The threat of malpractice always looms over a physician’s office. And while it’s not something we like to think about often, it’s not a bad idea to look at malpractice stats in the U.S. so we know what’s going on.
Here are some latest malpractice numbers and hopefully we separate some fact from fiction.
How Many Cases Are Filed?
Each year, around 15,000 to 18,000 malpractice lawsuits are filed in the U.S. In 2023, the National Practitioner Data Bank (NPDB) recorded 11,440 claims, with roughly $4.8 billion paid out in total settlements and verdicts.
The reality is, most physicians will have to deal with at least a claim. For context, more than 75% of physicians will face a malpractice claim by the time they turn 65, and in high-risk specialties, it’s close to 100%. So if you’ve ever been named in a claim, you’re far from alone.
Who Actually Goes to Trial?
Good news: Only about 5–10% of cases ever make it to trial. The vast majority, 80% to 95%, are settled before reaching a courtroom. That includes dropped claims, dismissed lawsuits, and negotiated settlements.
Why so few trials? Because they’re expensive and time-consuming. Pre-trial resolutions typically take around 11–16 months, while going to trial can stretch to 4–5 years. That expense of litigating, at this level, is a big burned for both parties.
Who Wins in Court?
If your case does go to trial, the odds are actually in your favor. Doctors win about 80%–90% of jury verdicts. But that win can come at a hefty price.
Defense costs average around $19,000 for dismissed cases and jump to $93,000 if it goes to a jury verdict.
What About Settlements?
Average settlements hover around $420,000 to $425,000, while jury verdicts often exceed $1 million—though those cases are rare.
Also worth noting: less than 60% of all claims result in any payout. So yes, a lot of these cases don’t lead to anything more than a headache and a bill for your insurer. A suit can be disruptive but not often a devastating blow to the practice.
Conclusion
Malpractice is serious, but it doesn’t have to be terrifying. The majority of claims don’t result in payouts, and even fewer reach trial. The best defense? Solid documentation, clear patient communication, and a malpractice policy that fits your practice’s risk profile.
It’s never a bad time to review your insurance coverages and your practice’s policies to avoid malpractice claim. Need help? Contact us at PCH and we can guide, assist, and partner with your practice.
