The average medical malpractice payment in New York for 2022 was $462,461. Going back to 2004, the average malpractice payment in the database is $397,124.
In 2022, there were 1185 medical malpractice payments made in New York. Among all of the various jurisdictions, this ranked number 2 out of 59 in terms of raw numbers, but when viewed in terms of claims per capita, New York ranked number 6 of 59, which includes the 50 states, the District of Columbia, U.S. territories, and Armed Forces populations.
Across the country, the most common allegations giving rise to medical malpractice payments are "Failure to Diagnose" and "Improper Performance." New York is among those jurisdictions for which the top allegation appearing in the database is "Improper Performance." The second most frequent allegation appearing for New York in the database is "Failure to Diagnose."
Among all claims, the vast majority (about 70%) of the payments are associated with care provided by MDs. New York is no exception. The second highest type of healthcare provider associated with malpractice claims in New York is a dentist.
The statute of limitations for claims of medical malpractice in New York is generally two years and six months - or 30 months - from the date of the negligent treatment. CPLR 214-a.
There are exceptions to this, including for claims involving a foreign object left in the body (one year from discovery), claims based on a failure to diagnose cancer (two and a half years from (a) either the reasonable or actual discovery of the negligence up to a maximum of seven years from the date of negligence or (b) from the end of a continuous course of treatment for the condition). Id.
Many states have a "discovery rule" that allows patients to start counting the time to bring a claim from when the injury is discovered, but except for the situation of missed cancer diagnoses and retained foreign objects, New York has a very strict timeline that must be followed from the date of the negligent treatment.
|2022||New York||$19,500,000||Improper Conduct|
|2005||New York||$14,500,000||Failure to Identify Fetal Distress|
|2012||New York||$12,500,000||Delay in Treatment|
|2013||New York||$9,050,000||Failure to Recognize a Complication|
|2008||New York||$8,650,000||Premature Discharge from Institution|
|2016||New York||$8,050,000||Failure to Order Appropriate Medication|
|2006||New York||$7,950,000||Failure to Monitor|
|2007||New York||$7,950,000||Wrong Medication Administered|
|2018||New York||$7,750,000||Improper Management|
|2011||New York||$7,450,000||Delay in Diagnosis|
Average Payment (2004-2022): $397,124
Total Payments in Database (2004-2022): 32,767
Average Payment (2022): $462,461
Total Number of Payments (2022): 1,185
Rank in Average Payment (2022): 16
Rank in Number of Payments Per Capita (2022): 6 of 59 Jurisdictions
Most Common Allegation (2022): Improper Performance
Most Common Allegation in 2021: Improper Performance
Most Common Nature of Claim (2022): Diagnosis Related - 31% of all payments
Type of Provider with Most Payments: Physician (MD)