The 10 states with the highest medical malpractice rates

New York has the highest rate of medical malpractice in the U.S., with an average of 1.25 malpractice reports per practitioner between 1990 and 2023, according to a study from personal injury law firm Gatti, Keltner, Bienvenu & Montesi based on government records from the National Practitioner Data Bank.

Since 1990, approximately 64,594 medical malpractice payment reports have been recorded in New York, the highest total of any state across the country, according to a Nov. 15 release sent to Becker's. 

The states with the highest medical malpractice rates and the number of incidences per practitioner: 

1. New York: 1.254 

2. Pennsylvania: 1.047

3. New Jersey: 0.732 

4. Michigan: 0.725

5. New Mexico: 0.716 

6. Florida: 0.700 

7. Rhode Island: 0.684 

8. Maryland: 0.660 

9. Indiana: 0.635 

10. Connecticut: 0.629

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