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Disturbing research reveals the US states where surgery is most likely to go wrong

Home> News> US News

Published 15:53 18 May 2025 GMT+1

Disturbing research reveals the US states where surgery is most likely to go wrong

One state in particular has a high number of medical malpractice claims

Lucy Devine

Lucy Devine

Featured Image Credit: Getty Stock Photo

Topics: Health, US News, New York, Money

Lucy Devine
Lucy Devine

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A new investigation has researched which US states have the most medical malpractice claims, and the results are quite surprising.

Some new research analysed medical malpractice claims filed between 2004 and 2024, revealing that the US typically had a rate of 313 payments per 1,000 providers.

Meanwhile, an average of over $300,000 was paid out for each settled lawsuit.

The analysis, conducted by the Daily Mail, found that in one state in particular, the rate was double, with 663 payments per 1,000 providers.

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Meanwhile, an average of $408,000 was paid out per settled claim.

New research analysed medical malpractice claims filed between 2004 and 2024 (Getty Stock Photo)
New research analysed medical malpractice claims filed between 2004 and 2024 (Getty Stock Photo)

You might be surprised to know that the state in question was New York.

According to Medical News Today, medical malpractice refers to a healthcare professional neglecting 'to provide appropriate treatment, take appropriate action, or gives substandard treatment that causes harm, injury, or death to a person'

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The site explains: "The malpractice or negligence normally involves a medical error. This could be in diagnosis, medication dosage, health management, treatment, or aftercare.

"Medical malpractice law makes it possible for patients to recover compensation from any harms that result from sub-standard treatment."

While there's no firm explanation for why certain states had more claims, the Daily Mail explained that cities like NYC have a greater number of hospitals taking on more complicated medical cases, which could correlate with a higher risk and therefore an increased rate of settlements.

New York has the highest rate, with 663 payments per 1,000 providers (Getty Stock Photo)
New York has the highest rate, with 663 payments per 1,000 providers (Getty Stock Photo)

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The state does not have a limit on the level of payment for claims either, which could see more patients filing lawsuits.

Other states with a high number of claims include:

  • Pennsylvania (503 per 1,000 providers)
  • New Mexico (442 per 1,000 providers)
  • New Jersey (418 per 1,000 providers)
  • Florida (405 per 1,000 providers)

Alabama was state with the lowest rate of settlements, with 86 per 1,000.

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Although the details behind the claims are not clear, a study in 2020 found that some of the most common reasons for claims include misdiagnosis and botched surgery.

Common claims include misdiagnosis and botched surgery (Getty Stock Photo)
Common claims include misdiagnosis and botched surgery (Getty Stock Photo)

Earlier this month, we told you about a woman who won a landmark lawsuit over 10 years on from a surgery in which both her legs were amputated.

In March 2013, teacher Jessica Powell from Georgia collapsed in her home because of a hormone deficiency disease coupled with a stomach virus. She was rushed to hospital to receive urgent medical attention at Phoebe Putney Memorial Hospital in Albany, where she was diagnosed with sepsis.

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But doctors allegedly botched her treatment and Jessica - who was 28-years-old at the time - ended up needing both of her legs amputated above the knee.

According to court documents, the doctors caring for Jessica, now 40, gave her a medication overdose, Union-Bulletin reports.

Jessica went on to sue a group of doctors and the hospital for malpractice and after 12 years, they finally came to a verdict, awarding her $70 million in damages, making it one of the largest awarded medical malpractice cases in Georgia.

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