Annual Probability of Experiencing Medical Malpractice

Medical errors are a significant patient safety concern, estimated to contribute to approximately 250,000 deaths per year in the United States, making it the third leading cause of death after heart disease and cancer. About 1 in 10 patients experience some form of medical harm during hospital care, ranging from minor medication errors to serious surgical complications.

Despite the high rate of medical errors, medical malpractice claims are relatively uncommon. About 85,000 medical malpractice claims are filed annually (a rate that has actually been declining). Of these, about 50% are dropped or dismissed, about 30% are settled, and only about 7% go to trial. Of those reaching trial, defendants (doctors/hospitals) win about 80-90% of the time. The average malpractice settlement is about $348,000.

The specialties most frequently involved in malpractice claims include surgery, obstetrics/gynecology, emergency medicine, and internal medicine. Diagnostic errors are the most common allegation (about 33% of claims), followed by surgical errors (about 23%) and medication errors (about 10%). The medical liability system costs the US healthcare system approximately $55 billion per year, including defensive medicine (unnecessary tests and procedures ordered to avoid litigation).