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Settlement Insight Research

We Analyzed 529,804 Medical Malpractice Payments Totaling $136.4 Billion

A comprehensive analysis of every medical malpractice payment reported to the National Practitioner Data Bank from 2000 to 2025.

530K cases

Total Payments Analyzed

2000–2025

$136.4B

Total Dollars Paid

In malpractice payments

$258K

Average Payment

Across all cases

$98K

Median Payment

50th percentile

Key Findings

Using data from the National Practitioner Data Bank (NPDB), we analyzed every medical malpractice payment reported in the United States from 2000 through 2025. The NPDB is a federal database maintained by the Health Resources and Services Administration (HRSA) that tracks all malpractice payments made on behalf of healthcare practitioners.

Here are the most significant findings from our analysis:

  • Average payments have risen 114% since 2000 — from $213,801 in 2000 to $457,362 in 2025
  • The median payment is far lower than the average — $97,500 vs. $257,531, indicating a small number of very large payouts skew the average significantly
  • New York leads the nation with the highest total payout ($19.3B) and the most cases (60,690), though Illinois and Massachusetts have higher average payments
  • Fewer cases, bigger payouts — annual case volume dropped 40% from 2001 (20,412 cases) to 2025 (11,550 cases), but the average payment nearly doubled
  • Only 2.7% of cases exceed $1 million, but those 14,640 cases account for a disproportionate share of total payouts

Average Payment by Year (2000–2025)

Average malpractice payment has increased steadily, with a notable dip during COVID-19 (2020–2021) followed by a sharp rebound.

$214K'00$236K'01$238K'02$256K'03$261K'04$258K'05$269K'06$281K'07$287K'08$284K'09$281K'10$288K'11$288K'12$294K'13$308K'14$327K'15$328K'16$329K'17$344K'18$378K'19$361K'20$341K'21$371K'22$424K'23$429K'24$457K'25

Source: National Practitioner Data Bank (NPDB) Public Use Data File. Years shown as last two digits (e.g., "00" = 2000).

Payment Size Distribution

Most malpractice payments fall between $10,000 and $250,000. Only 0.1% of cases result in payments above $5 million.

12%<$10K22.7%$10-50K15.5%$50-100K22%$100-250K14.9%$250-500K10.2%$500K-1M2.6%$1-5M0.1%$5M+

Most common range

$10K–$50K (22.7% of all cases, 120,081 payments)

Largest payment in dataset

$37.5 million (single payment)

Malpractice Payments by State

Average and median payments vary dramatically by state. Tort reform, damage caps, and local jury tendencies all play a role. Click a column header to sort.

StateCasesAverage Payment▼Median Payment
Massachusetts10,019$403,669$185,000
Illinois17,138$403,557$195,000
Connecticut5,298$397,592$155,000
District of Columbia1,575$367,289$145,000
Hawaii1,273$350,646$97,500
Georgia9,654$338,498$145,000
Alabama2,254$331,149$125,000
Alaska711$323,369$97,500
New York60,690$318,750$145,000
New Jersey19,899$314,350$145,000
Rhode Island1,848$313,571$145,000
Maine1,271$311,271$125,000
Delaware1,038$305,341$145,000
Wisconsin3,466$301,445$67,500
New Hampshire1,726$298,584$135,000

Excludes U.S. territories. Sorted by average payment (highest first) by default.

Notable State Insights

Highest average payments: Illinois ($403,557), Massachusetts ($403,669), and Connecticut ($397,592) lead the nation in average malpractice payment size. These states generally lack hard damage caps on malpractice awards.

Highest case volume: New York (60,690), California (53,535), and Pennsylvania (36,822) have the most reported cases, largely reflecting their population size and healthcare sector density.

California anomaly: Despite having the second-highest case count, California's average payment ($140,946) is among the lowest of major states. This is attributable to the MICRA cap (Medical Injury Compensation Reform Act), which limited non-economic damages to $250,000 from 1975 until 2023, when it was raised to $350,000–$750,000.

Median vs. average gap: In every state, the median is substantially lower than the average, confirming that a small number of high-value cases skew the averages upward. When evaluating a potential malpractice claim, the median is often a more representative benchmark.

Data Source & Methodology

This analysis uses the National Practitioner Data Bank (NPDB) Public Use Data File, maintained by the Health Resources and Services Administration (HRSA), a division of the U.S. Department of Health and Human Services.

The NPDB was established by Congress in 1986 (Title IV of Public Law 99-660) and has collected reports on medical malpractice payments since September 1, 1990. Federal law requires all malpractice payments made on behalf of healthcare practitioners to be reported to the NPDB, regardless of payment size or whether the payment resulted from a settlement, judgment, or arbitration award.

What the data includes

  • Payment amount (in range-coded brackets)
  • State where the malpractice event occurred
  • Year of payment
  • Type of allegation (diagnosis, treatment, surgery, medication, etc.)

Important caveats

  • Payment amounts are range-coded in the public data file (e.g., $25,001–$50,000). We use the midpoint of each range for calculations.
  • The data includes payments only — cases dismissed without payment are not reported, so this dataset does not reflect the full universe of malpractice claims.
  • A payment does not necessarily indicate negligence or improper treatment — many payments are made as part of settlements without any admission of fault.

The complete public use data file is available for download from npdb.hrsa.gov.

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© 2026 Settlement Insight. All rights reserved. This site is not a law firm and does not provide legal advice. Settlement estimates are based on statistical models and historical data and do not guarantee any specific outcome. Every case is unique. Consult with a licensed attorney in your state for advice specific to your situation.