Texas Medical Malpractice Information

  • What is the average medical malpractice settlement in Texas?

    The average medical malpractice payment in Texas for 2022 was $245,940. Going back to 2004, the average malpractice payment in the database is $178,628.

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

    In 2022, there were 593 medical malpractice payments made in Texas. Among all of the various jurisdictions, this ranked number 5 out of 59 in terms of raw numbers, but when viewed in terms of claims per capita, Texas ranked number 38 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 Texas?

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

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

    Among all claims, the vast majority (about 70%) of the payments are associated with care provided by MDs. Texas is no exception. The second highest type of healthcare provider associated with malpractice claims in Texas 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.
Texas Medical Malpractice Payment Amounts By Year
Texas Medical Malpractice Payments By Year

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

YearStateAmountAllegationFull Report
2004Texas$16,500,000Improper Performance
2017Texas$8,950,000Failure to Diagnose
2022Texas$7,950,000An Otherwise Unclassified Allegation
2022Texas$7,950,000An Otherwise Unclassified Allegation
2022Texas$7,950,000An Otherwise Unclassified Allegation
2022Texas$7,950,000An Otherwise Unclassified Allegation
2004Texas$6,450,000Improper Supervision
2017Texas$6,450,000Failure to Identify Fetal Distress
2019Texas$6,450,000Failure to Perform Resuscitation
2012Texas$5,750,000Improperly Performed Vaginal Delivery

Texas Statistics at a Glance

Average Payment (2004-2022): $178,628

Total Payments in Database (2004-2022): 12,549

Average Payment (2022): $245,940

Total Number of Payments (2022): 593

Rank in Average Payment (2022): 47

Rank in Number of Payments Per Capita (2022): 38 of 59 Jurisdictions

Most Common Allegation (2022): Improper Performance

Most Common Allegation in 2021: Improper Performance

Most Common Nature of Claim (2022): Treatment Related - 30% of all payments

Type of Provider with Most Payments: Physician (MD)

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