New York Medical Malpractice Information

  • What is the average medical malpractice settlement in New York?

    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.

  • How many medical malpractice settlements have there been in New York?

    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.

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

    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."

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

    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.

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.
New York Medical Malpractice Payment Amounts By Year
New York Medical Malpractice Payments By Year

Statute of Limitations

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.

The Largest Medical Malpractice Payments for New York (2004-2022)

YearStateAmountAllegationFull Report
2022New York$19,500,000Improper Conduct
2005New York$14,500,000Failure to Identify Fetal Distress
2012New York$12,500,000Delay in Treatment
2013New York$9,050,000Failure to Recognize a Complication
2008New York$8,650,000Premature Discharge from Institution
2016New York$8,050,000Failure to Order Appropriate Medication
2006New York$7,950,000Failure to Monitor
2007New York$7,950,000Wrong Medication Administered
2018New York$7,750,000Improper Management
2011New York$7,450,000Delay in Diagnosis

New York Statistics at a Glance

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)

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