Medical Malpractice Statistics

Medical mistakes are the third leading cause of death in the United States, with approximately 795,000 Americans dying or becoming permanently disabled due to misdiagnosis each year [1].

These medical malpractice statistics might surprise you. Many patients entrust their healthcare providers to offer them proper care and treatment. When this doesn’t happen, it can lead to patient injury or death.

This guide teaches you more about how medical errors can lead to patient injury and suffering and provides information about medical malpractice statistics in Illinois.

How Common is Medical Malpractice?

How regularly does medical malpractice occur in the United States? An estimated one in three medical care providers will be sued for medical malpractice in their careers [2]. It’s also estimated that medical professionals make as many as 3% to 15% avoidable errors, with misdiagnosis being the most common type of malpractice [2].

Surgeons are the medical professionals most likely to be sued for medical negligence. As many as 90% of surgeons will be sued for medical malpractice at some point in their careers [3].

OBGYNS are the second most likely to be targeted for a medical malpractice lawsuit, with as many as 85% involved in malpractice lawsuits in their careers [3]. Orthopedists and cosmetic surgeons follow in medical malpractice incidents.

Some medical diseases are more likely to be misdiagnosed, too. Approximately 75% of medical malpractice occurs in misdiagnosis of vascular events, infections, and cancer [1]. Many of these are due to a wrong diagnosis.

As many as one in five American adults will be victims of a medical error at least once in their lifetime [4]. The good news is that medical malpractice seems to be decreasing year over year [4]. However, it’s important to note that this data is based on paid claims, which means lower numbers could be due to fewer paid claims.

Common Types of Medical Malpractice

Medical malpractice law covers various medical errors, from primary care to specialty physicians and pharmaceuticals. Here are some statistics surrounding the most common medical malpractice lawsuits:

• Diagnostic errors: Misdiagnosis is the most common medical error [2]. Misdiagnosis affects as many as 795,000 people each year [5]. 
• Medication error: Prescription errors are also common in the medical industry, with insulin and morphine being the two medications with the most prescribing errors [2].
• Surgical error: Surgical errors account for over 25% of malpractice cases [2].
• Anesthesia error: Anesthesia errors account for over 2% of medical malpractice cases [2].
• Birth injury: Some of the highest medical malpractice payments have gone to claims involving failure to treat fetal distress during labor and delivery [2].

Victims of medical malpractice may be subject to other medical errors, including infection, patient misidentification, delayed diagnosis, and faulty medical devices. Identifying what went wrong during treatment is difficult, so working with a medical malpractice lawyer is essential.

How Common is Medical Malpractice in Illinois?

Medical malpractice isn’t just a leading cause of death and injury in the United States but also in Illinois. Illinois has over 19,000 registered medical providers in the National Practitioner Data Bank [6], which includes healthcare professionals with a paid claim.

Studies show that the Midwest has the lowest malpractice claim payouts on average [3]. However, Illinois has more reported cases than average. In 2023, the state received 1,505 adverse action reports and paid out 470 medical malpractice claims [6].

Illinois also ranks fourth for medical malpractice payouts. In 2022, the state paid $222 million in medical malpractice claims [2]. From 2012 to 2022, Illinois paid over 4,200 medical malpractice claims [4].

Medical Malpractice Fatalities

Medical errors can also lead to a loss of life. Experts estimate that medical mistakes lead to as many as 251,000 deaths each year [2]. In fact, medical errors are the third most common cause of death in the United States in 2024 [2]. 

In total, it’s estimated that medical malpractice is responsible for as many as 10% of all deaths in the United States. [7]. When a doctor fails to provide sufficient and proper care, and the outcome is death, the victim’s family may be eligible for a wrongful death case.

Medical Malpractice Claims Statistics

If you were the victim of a medical error, you may be wondering what you can expect through a medical negligence case. 

On average, 74% of medical malpractice claims are against physicians, but any medical care team member involved in a patient’s care can be liable for negligence [4]. In a malpractice payment report for 2012-2022, physicians (MD) ranked the highest, followed by dentists and physicians (DO), with dental hygienists at the bottom of the scale [4].

However, most medical malpractice cases in Illinois are among physicians and registered nurses for 2023 [6]. Practical nurses also received a high occurrence of reported medical malpractice cases in Illinois [6].

Male doctors are more likely than females to be involved in malpractice litigation. This could be due to a higher occurrence of general surgeons (one of the most vulnerable specializations to medical malpractice litigation) being males [8].

How Much Is a Medical Malpractice Claim Worth?

A medical malpractice personal injury case can help victims and their families recover damages following an error. While exact payouts and the chance of a successful case depend on the sustained injury and what evidence is available, here are some medical malpractice statistics on payouts.

As many as 96.9% of medical malpractice cases are settled outside court [2]. Filing and taking a medical malpractice claim to court can be costly for all parties involved, often leading to a high settlement rate.

The average medical malpractice settlement in the United States is $329,565 [3]. Illinois is one of the states that doesn’t cap medical malpractice payments, so there is no limit on how much an injured victim can recover in damages. Compensation payments in a medical malpractice case may include economic and non-economic damages.

As the third leading cause of death, a medical error involving a wrongful death case can also increase payout options.

The Cost of Medical Malpractice Lawsuits

Medical malpractice laws allowed injured victims and their families to seek compensation for their damages through a personal injury case. A medical malpractice claim may not reverse the error, but it can provide you with the necessary resources to overcome the damages.

Medical errors are expected to cost an estimated $20 billion annually [9]. From 2014 to 2023, United States medical providers paid $39.455 billion in medical malpractice claims [3]. Illinois ranks sixth among states that pay the most for an average medical malpractice settlement [10].

Building a Successful Malpractice Case

A medical malpractice lawyer is often needed to investigate and build a medical malpractice claim. Successful cases require specific elements, such as demonstrating a doctor-patient relationship and comparing the patient’s care to what they might receive if they visited a different healthcare provider with the same credentials.

A personal injury lawyer can also help report malpractice to the appropriate parties to ensure proper action, whether additional training to prevent a further wrong diagnosis or acquiring more resources to promote better patient safety.

Contact an Experienced Medical Malpractice Lawyer Today

Rosenfeld Injury Lawyers have the necessary experience to help you navigate the legal system and get the compensation you deserve following a physician’s error. Our legal team is prepared to take your case to trial if you don’t receive a fair settlement offer, where we’ll fight to ensure solid evidence for better jury verdicts.

Contact us today at (888) 424-5757 for a free consultation.

Resources: [1] U.S. News & World Report, [2] Forbes Advisor, [3] Physicians Thrive, [4] berxi, [5] BMJ Journals, [6] National Practitioner Data Bank, [7] Consumer Shield, [8] The Wall Street Journal, [9] National Library of Medicine, [10] Forbes Advisor.