Medical Malpractice Payouts in Delaware
In Delaware, the typical payment was $145,000, based on 1,038 payments from the National Practitioner Data Bank. That is 49% more than the national figure of $97,500, the 5th highest of 51 states.
- $145Ktypical (median)
- $305Kaverage
- 1,038payments
- 5thof 51 states
What the Records Show for Delaware
Each public source on its own, with the typical amount, the middle half of all payments and the trend by year.
National Practitioner Data Bank · 1990–2025
$145,000typical payment (median). Half of all payments were between $38,750 and $345,000.
- Payments
- 1,038
- Total paid
- $316.9 million
- Top 10% above
- $808,000
- All states
- $97,500
Typical amount by year 2025: $495,000 typical, 17 payments
$200K$400K$600KTap or drag across the chart to read a year. Years with at least 5 payments.
Malpractice payments made for doctors and other licensed practitioners, reported to the federal data bank.
The National Practitioner Data Bank records payments made for individual doctors and other licensed practitioners, in the state where they worked. Payments a hospital makes on its own behalf, and claims that ended without a payment, are not in it.
In total, $316.9 million was recorded across 1,038 payments. One in ten was $808,000 or more.
Payouts in Delaware by Injury
How badly the patient was hurt, as the data bank records it for payments since 2004.
| Injury | Typical in Delaware | All states |
|---|---|---|
| Death116 payments | $295,000 | $225,000 |
| Brain damage, paralysis or lifelong care27 payments | $745,000 | $565,000 |
| Major permanent injury60 payments | $505,000 | $395,000 |
| Significant permanent injury71 payments | $405,000 | $245,000 |
| Minor permanent injury52 payments | $111,250 | $97,500 |
| Major temporary injury46 payments | $145,000 | $115,000 |
| Minor temporary injury36 payments | $27,500 | $32,500 |
| Emotional or insignificant injury19 payments | $17,500 | $22,500 |
Payouts in Delaware by What Went Wrong
The data bank's allegation group. It is not the doctor's specialty: a surgery claim can involve a doctor who is not a surgeon.
| What went wrong | Typical in Delaware | All states |
|---|---|---|
| Diagnosis307 payments | $195,000 | $175,000 |
| Surgery323 payments | $135,000 | $105,000 |
| Treatment210 payments | $57,500 | $52,500 |
| Childbirth and pregnancy (obstetrics)74 payments | $195,000 | $245,000 |
| Medication48 payments | $97,500 | $77,500 |
| Anesthesia26 payments | $125,000 | $145,000 |
| Monitoring20 payments | $195,000 | $135,000 |
| Equipment or product5 payments | $42,500 | $27,500 |
| Other17 payments | $205,000 | $42,500 |
2 more groups have too few payments in Delaware for a typical amount.
Settled or Decided in Court in Delaware
A court judgment is a payment after a trial or court decision. Everything else was settled.
| How it ended | Typical in Delaware | All states |
|---|---|---|
| Settled966 payments | $135,000 | $97,500 |
| Court judgment72 payments | $190,000 | $205,000 |
How Delaware Compares With Other States
Typical amount in every state from the same source. Across all states: $97,500.
- under $78K
- $78K–$98K
- $98K–$140K
- $140K and up
- 1Illinois$195,000
- 2Pennsylvania$195,000
- 3Massachusetts$185,000
- 4Connecticut$155,000
- 5Delaware$145,000
- 6District of Columbia$145,000
- 7Florida$145,000
- 47Washington$67,500
- 48Wisconsin$67,500
- 49Vermont$62,500
- 50Utah$47,500
- 51California$27,500
All 51 states, ranked
- 1Illinois$195,000
- 2Pennsylvania$195,000
- 3Massachusetts$185,000
- 4Connecticut$155,000
- 5Delaware$145,000
- 6District of Columbia$145,000
- 7Florida$145,000
- 8Georgia$145,000
- 9New Jersey$145,000
- 10New York$145,000
- 11Rhode Island$140,000
- 12New Hampshire$135,000
- 13Alabama$125,000
- 14Arizona$125,000
- 15Maine$125,000
- 16Maryland$125,000
- 17Virginia$125,000
- 18Missouri$115,000
- 19Arkansas$110,000
- 20North Carolina$105,000
- 21Alaska$97,500
- 22Hawaii$97,500
- 23Kansas$97,500
- 24Mississippi$97,500
- 25Nebraska$97,500
- 26Nevada$97,500
- 27New Mexico$97,500
- 28Ohio$97,500
- 29Oklahoma$97,500
- 30South Carolina$97,500
- 31Texas$97,500
- 32West Virginia$97,500
- 33Oregon$92,500
- 34Louisiana$87,500
- 35Montana$87,500
- 36Tennessee$87,500
- 37Kentucky$82,500
- 38Wyoming$82,500
- 39Idaho$77,500
- 40Indiana$77,500
- 41Iowa$77,500
- 42North Dakota$77,500
- 43South Dakota$77,500
- 44Colorado$72,500
- 45Michigan$72,500
- 46Minnesota$72,500
- 47Washington$67,500
- 48Wisconsin$67,500
- 49Vermont$62,500
- 50Utah$47,500
- 51California$27,500
About These Numbers
Where the figures come from, how we counted, and how to use them.
- National Practitioner Data Bank: Malpractice payments made for doctors and other licensed practitioners, reported to the federal data bank.
- Typical is the median: half of the records are below it, half above. The average is the total divided by the number of records; a few very large amounts pull it up.
- Not adjusted for inflation. Each amount is counted in the year the source gives for it.
How the explorer counts, source by source
Download the full data set (CSV)
Public records as of October 15, 2026. You can use these figures; please link to this page. $145K is rounded on the map; the tables show exact amounts.
Questions About Medical Malpractice Payouts in Delaware
Answers from the same records.
What is the average medical malpractice payout in Delaware?
The typical payment, the median, was $145,000 across 1,038 payments reported for practitioners in Delaware from 1990 to 2025. The average, $305,341, is higher than the typical amount because a few very large payments pull it up. Half of all payments were between $38,750 and $345,000.
How much do malpractice cases involving a death pay in Delaware?
In 116 payments where the patient died, the typical payment was $295,000, against $225,000 across all states. The data bank records injury severity for payments since 2004.
How does Delaware compare with other states?
Delaware ranks 5th highest of 51 states for the typical amount. Across all states it was $97,500, so Delaware is 49% higher.
Have amounts in Delaware changed over time?
In 2025, the typical amount was $495,000 (17 payments), compared with $295,000 in 2015. Amounts are not adjusted for inflation.
What is not included in these numbers?
The National Practitioner Data Bank records payments made for individual doctors and other licensed practitioners, in the state where they worked. Payments a hospital makes on its own behalf, and claims that ended without a payment, are not in it.
More Records for Delaware
Other kinds of cases in this state, a calculator for your own case, and the studies behind the numbers.
Other records for Delaware
Calculators and studies
- Medical malpractice settlement calculatorEstimate a case of your own from the same kind of records
- Malpractice payments in all 50 statesA deeper study built on the same public records
- Why a death settles for less than a severe injuryA deeper study built on the same public records
- Settlement Data ExplorerEvery kind of case, state and source side by side