Medical Malpractice In New York: What the Numbers Tell Us


The New York City Comptroller reported that the 474 medical malpractice claims filed in the fiscal year 2018 were 11 percent less than the 534 claims filed in the fiscal year 2017 and the number of claims has steadily declined since 686 claims were filed in the fiscal year 2009. According to the comptroller, medical malpractice claims settlements and judgments in the fiscal year 2018 fell to $68.8 million after being $103.3 million in the fiscal year 2017.

The 2019 Medical Malpractice Payout Report from the National Practitioner Data Bank (NPDB), a database operated by the U.S. Department of Health and Human Services, reported that New York was the state with the most number of medical malpractice payments (1,535) and also the most total payments ($685.317 million) from 2004 to 2018. New York had a per capita rate of $35.07, which was also the highest in the nation.

According to the NPDB report, malpractice allegations broke down as follows:

  • Errors or Misdiagnosis — 34.1 percent
  • Surgical Errors — 21.4 percent
  • Treatment Errors— 21.1 percent
  • Obstetrics Related Errors — 10.3 percent
  • Medication-Related Errors — 4.5 percent
  • Anesthesia Related Errors — 3.3 percent
  • Monitoring Related Errors — 3.2 percent
  • Other Miscellaneous Mistakes — 1.2 percent
  • Equipment Related Errors— 0.6 percent
  • Behavior Health-Related Errors — 0.3 percent
  • IV & Blood Products Related Errors— 0.1 percent

The report also stated that:

  • 29.7 percent of cases were fatal
  • 18.7 percent resulted in permanent injuries
  • 18.4 percent resulted in significant permanent injuries.
  • 12.3 percent resulted in quadriplegia, brain damage, or would otherwise require lifelong care
  • 7.8 percent resulted in minor permanent injury
  • 7.7 percent resulted in major permanent injury
  • 3.8 percent were minor temporary injury

Patient types in these cases included 39.65 percent outpatient, 43,74 percent inpatient, 9.7 percent who were both, and 6.91 percent who were unknown.

Contact a New York Medical Malpractice Lawyer

If you believe you or your loved one has been the victim of medical malpractice, hire Finz & Finz, P.C., the trusted law firm for New York medical malpractice claims.

Our firm’s record of success includes a $9.75 medical malpractice settlement for a young child injured by a hospital and doctor’s delayed diagnosis and treatment of necrotizing enterocolitis, among others. You can have us discuss all of your legal options with you when you call (855) TOP-FIRM or contact us online to schedule a free consultation.

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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.