Massachusetts Medical Malpractice Information

  • What is the average medical malpractice settlement in Massachusetts?

    The average medical malpractice payment in Massachusetts for 2022 was $759,817. Going back to 2004, the average malpractice payment in the database is $505,800.

  • How many medical malpractice settlements have there been in Massachusetts?

    In 2022, there were 304 medical malpractice payments made in Massachusetts. Among all of the various jurisdictions, this ranked number 10 out of 59 in terms of raw numbers, but when viewed in terms of claims per capita, Massachusetts ranked number 13 of 59, which includes the 50 states, the District of Columbia, U.S. territories, and Armed Forces populations.

  • What is the most common type of medical malpractice claim in Massachusetts?

    Across the country, the most common allegations giving rise to medical malpractice payments are "Failure to Diagnose" and "Improper Performance." Massachusetts is among those jurisdictions for which the top allegation appearing in the database is "Failure to Diagnose." The second most frequent allegation appearing for Massachusetts in the database is "Improper Performance."

  • Which type of healthcare provider pays the most medical malpractice claims in Massachusetts?

    Among all claims, the vast majority (about 70%) of the payments are associated with care provided by MDs. Massachusetts is no exception. The second highest type of healthcare provider associated with malpractice claims in Massachusetts is a dentist.

A few notes about this: The database only shows which claims were paid and does not include claims that were presented but rejected. Also, the database does not include payments by non-providers like health systems and hospitals. There are also some number of claims that go unreported each year. Finally, the information contained in the reports is self-reported by the providers, their insurance companies, and other provider representatives.
Massachusetts Medical Malpractice Payment Amounts By Year
Massachusetts Medical Malpractice Payments By Year

The Largest Medical Malpractice Payments for Massachusetts (2004-2022)

YearStateAmountAllegationFull Report
2019Massachusetts$22,500,000Failure to Treat
2018Massachusetts$19,500,000Delay in Performance
2016Massachusetts$17,500,000Delay in Treatment of Identified Fetal Distress
2008Massachusetts$4,950,000Delay in Diagnosis
2011Massachusetts$4,950,000Failure to Diagnose
2011Massachusetts$4,950,000Failure to Diagnose
2013Massachusetts$4,950,000Failure to Monitor
2015Massachusetts$4,950,000Improperly Performed Resuscitation
2015Massachusetts$4,950,000Improperly Performed Resuscitation
2015Massachusetts$4,950,000Failure to Identify Fetal Distress

Massachusetts Statistics at a Glance

Average Payment (2004-2022): $505,800

Total Payments in Database (2004-2022): 5,972

Average Payment (2022): $759,817

Total Number of Payments (2022): 304

Rank in Average Payment (2022): 2

Rank in Number of Payments Per Capita (2022): 13 of 59 Jurisdictions

Most Common Allegation (2022): Failure to Diagnose

Most Common Allegation in 2021: Failure to Diagnose

Most Common Nature of Claim (2022): Diagnosis Related - 35% of all payments

Type of Provider with Most Payments: Physician (MD)

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