New York State Ranked #1 in Medical Malpractice Payouts

Ava Lawson | January 14th, 2014

New York Medical Malpractice Lawsuit – NY State Ranks First in PayoutsRecent data shows that medical malpractice payouts continue to dwindle in the United States, with the majority of compensation awarded concentrated in just five states. According to statistics from the National Practitioner Data Bank, New York ranks number one for the highest payouts at $763,088,250. Joined by Pennsylvania, Florida, California, and New Jersey, these five states represent nearly 50 percent of all malpractice payouts in 2012.

The bulk of these payouts – 93 percent – come from settlements that are reached prior to trial. One notable New York medical malpractice lawsuit garnered the spouse of 39-year-old Jenise Mark a $10 million settlement, after she was permanently injured in a Kings County Hospital that botched her epidural procedures, leaving her respiratory system paralyzed. The settlement was New York’s largest malpractice payout in more than four years.

Compensation by state awarded in malpractice claims

After New York, the states with the largest (per capita) malpractice payouts were Pennsylvania  – $316,167,500; California – $222,926,200; New Jersey – $206,668,250 and Florida – $203,671,100. Those with the lowest include Texas, North Dakota, Mississippi, Wisconsin and Indiana.

Just over 30 percent of payouts were granted in medical malpractice lawsuits that ended in patient death; 19 percent involved “significant” permanent injury and 18 percent of payouts were awarded for litigants that suffered major permanent injury. Data further revealed that only 1 percent was based on emotional injury, while 3 percent was awarded for those who incurred minor temporary injury.

In line with the nationwide trend of falling medical malpractice payouts, New York City paid $131 million in malpractice settlements this past year, which dropped $3 million since 2012, according to NY Daily News.

Common allegations cited in medical malpractice lawsuits

The following are the most prevalent types of allegations raised in malpractice suits:

  • Misdiagnosis, delayed diagnosis: 33 percent
  • Surgical errors or negligence: 24 percent
  • Treatment errors: 18 percent
  • Obstetric mistakes: 11 percent
  • Medication errors:  4 percent
  • Inadequate medical monitoring:  3 percent
  • Anesthesia errors: 3 percent
  • Other medical mistakes: 4 percent

New Yorkers who have suffered injuries or life-threatening complications caused by medical mistakes, surgical errors or any type of hospital negligence may be entitled to damages, but they need to enlist the help of experienced medical malpractice attorneys to pursue just compensation.

If you decide to partner with lawyers at The Sanders Firm, we can offer you:

  • The ability to build the strongest case possible, using our financial resources and expert witnesses
  • An in-house team of health care consultants and investigators to review your claim
  • Experienced attorneys who can try your case before a jury, if settlement negotiations are unsuccessful

NY medical malpractice attorneys

With convenient office locations serving residents of Manhattan, Brooklyn, the Bronx, Queens, Staten Island and Long Island, the Sanders Firm offers free case reviews to all prospective clients. If you believe you or a loved one was the victim of medical negligence, your first step is determining eligibility for filing a medical malpractice lawsuit in New York. The first consultation is complimentary and there are no legal fees unless we win or settle your case. Contact us any time, night or day at 1.800 FAIR PLAY (800.324.7752).


  1. Becker’s Hospital Review, 29 Statistics on Medical Malpractice Payouts and Lawsuits, http://www.beckershospitalreview.com/legal-regulatory-issues/29-statistics-on-medical-malpractice-payouts-and-lawsuits.html

  2. Daily News, Hospitals' malpractice costs drop by $3 million from last year, http://www.nydailynews.com/new-york/hosps-131m-errors-malpractice-costs-drop-article-1.1456979#ixzz2q2OFRY6i