A new study from Policy Guide revealed the top U.S. states where the most medical malpractice payouts are made, with Florida ranking fifth.
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The study used data from the National Practitioner Data Bank to count every medical malpractice payment logged against a health care practitioner in each state from 2021 to 2025, compared against the state’s resident population.
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Across the 50 states, 53,812 malpractice payments were logged over the five year span.
Florida had 5,965 total payments, the second-highest total in the US. This makes Florida’s malpractice payout rate 74% higher than the 50-state average.
The malpractice payment report is based on the number of claims resulting in payouts. It does not include claims that were dismissed, withdrawn or successfully defended.
The top ten highest payout states are: New Mexico, Pennsylvania, New York, New Jersey, Florida, Kansas, Louisiana, West Virginia, Rhode Island and Connecticut.
States with the lowest payout rates include Minnesota, North Dakota, Wisconsin, North Carolina, South Dakota and Tennessee.
Policy Guide spokesman Mark Prip said in a statement that the best way to check for malpractice is look into specific practitioners through the state board.
“Before a first appointment, look your practitioner up on your state medical board website, where license status and public disciplinary actions are listed for free, and if you are on a Medicare Advantage or Supplement plan, confirm they are still in your network, as network lists change more often than you might think,” Prip said.
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