Medical Malpractice Statistics
Texas Ranking in Getting Compensation for Medical Malpractice
According to the National Practitioner Data Bank (NPDB) data, Texas ranked near the bottom in medical malpractice cases brought to court. In 2014, the state ranked 29th among states for the number of medical malpractice claims per capita (0.56). In that same year, Texas malpractice insurers paid out just $3.20 per capita, which places Texas 49th among all states in dollar amounts paid for medical malpractice cases. Based on the 2012 Annual Report of the NPDB, Texas ranked 40th in medical malpractice payments among all states, and in the year 2012, the state's ranking rose to 44th and recorded $99,000 in medical malpractice payments. Meanwhile, the Texas Department of Insurance estimated that medical malpractice claims and lawsuits in Texas declined by nearly two-thirds between 2003 and 2011. According to the Department's data, the average dollar amounts paid to victims of medical malpractice declined 22 percent to $199,000 per claim.
Texas ranked 10th in medical malpractice payments among all states based on the NPDB data between 2009-2018. The state recorded $945.92 million in total medical malpractice payments, with New York having the highest payments of $7.025 billion and North Dakota recording the lowest amount and totaling just $28.35 million.
What are the Average Medical Malpractice Deaths Per Year?
According to a 2016 John Hopkins study, more than 250,000 people in the United States die annually as a result of medical malpractice in hospitals and other health care facilities. This represents about 9.5 percent of all deaths in the country and is the third leading cause of death after heart disease and cancer. As shown in the Center for Disease Control and Prevention (CDC) data, heart disease caused 611,105 deaths, cancer (584,881 deaths), medical errors (251,454 deaths), chronic respiratory diseases (149,205 deaths), accidents (130,557), stroke (128,978 deaths), Alzheimer's disease (84,767 deaths), diabetes (75,578 deaths), influenza and pneumonia (56,979 deaths), kidney disease (47,112 deaths) and suicide (41,149 deaths). This data also reveals medical errors as the third leading cause of death in the United States.
A 2019 John Hopkins study shows that over 100,000 Americans die or are permanently disabled annually as a result of delayed or erroneous diagnoses. According to the study, diagnostic errors are the most common medical mistakes in the United States, resulting in death or serious permanent disability for patients. The study further shows that deaths or disabilities resulting from diagnosis errors are associated with misdiagnosed cancers (37.8%), vascular events (22.8%), and infections (13.5%) which account for nearly three-fourths of all serious misdiagnosis-related harms. In Texas, an estimated number of 3,260 to 7,261 preventable deaths resulting from medical errors were recorded in 2003. The costs resulting from preventable medical errors in the state were estimated at $1.3 billion to $2.2 billion per year for individuals, families, and communities.
Worst Malpractice Counties in Texas
In 2003, the Texas Department of Insurance published a report which indicates the worst medical malpractice counties in Texas. These include Hidalgo County, Cameron County, El Paso County, Harris County, Jefferson County, Nueces County, Dallas County, Travis County, Bexar County, and Lubbock County. These counties recorded the highest rates of medical malpractice payments in Texas. A breakdown of the medical malpractice filed rates for selected specialties in different counties in Texas, ranging from the highest premium to the lowest premium city can be seen as follows:
McAllen City in Hidalgo County: $21,430 - $28,250 (Family Physician Surgery); $92,326 - $131,601 (OB-GYN Surgery); $116,822 - $164,946 (Neurosurgery); $32,915 - $46,730 (Anesthesiology); $47,909 - $69,131 (Emergency Medicine Major Surgery); $70,092 - $109,668 (General Surgery); $79,007 - $93,516 (Orthopedic Surgery); $18,142 - $27,477 (Psychiatry); $12,686 - $20,608 (Ophthalmology); $26,334 - $29,640 (Internal Medicine Surgery).
Brownsville in Cameron County: $21,430 - $28,250 (Family Physician Surgery); $92,326 - $131,601 (OB-GYN Surgery); $116,822 - $164,946 (Neurosurgery); $32,915 - $46,730 (Anesthesiology); $47,909 - $69,131 (Emergency Medicine Major Surgery); $70,092 - $109,668 (General Surgery); $79,007 - $93,516 (Orthopedic Surgery); $18,142 - $27,477 (Psychiatry); $12,686 - $20,608 (Ophthalmology); $26,334 - $29,640 (Internal Medicine Surgery).
El Paso in El Paso County: $16,469 - $27,477 (Family Physician Surgery); $73,118 - $131,601 (OB-GYN Surgery); $83,482 - $164,946 (Neurosurgery); $23,029 - $46,730 (Anesthesiology); $40,302 - $62,244 (Emergency Medicine Major Surgery); $46,059 - $109,668 (General Surgery); $46,059 - $93,516 (Orthopedic Surgery); $12,626 - $27,477 (Psychiatry); $10,979 - $20,608 (Ophthalmology); $16,469 - $29,640 (Internal Medicine Surgery).
Houston City in Harris County: $16,469 - $34,346 (Family Physician Surgery); $62,318 - $131,601 (OB-GYN Surgery); $83,482 - $164,946 (Neurosurgery); $23,029 - $58,412 (Anesthesiology); $29,240 - $70,095 (Emergency Medicine Major Surgery); $46,059 - $109,668 (General Surgery); $46,059 - $107,089 (Orthopedic Surgery); $12,626 - $34,346 (Psychiatry); $10,979 - $25,761 (Ophthalmology); $16,469 - $34,346 (Internal Medicine Surgery).
Beaumont City in Jefferson County: $16,469 - $27,477 (Family Physician Surgery); $62,318 - $131,601 (OB-GYN Surgery); $83,482 - $164,946 (Neurosurgery); $23,029 - $46,730 (Anesthesiology); $29,240 - $62,244 (Emergency Medicine Major Surgery); $46,059 - $109,668 (General Surgery); $46,059 - $85,670 (Orthopedic Surgery); $12,626 - $27,477 (Psychiatry); $10,979 - $20,608 (Ophthalmology); $16,469 - $29,640 (Internal Medicine Surgery).
Corpus Christi City in Nueces County: $14,638 - $27,477 (Family Physician Surgery); $64,988 - $93,457 (OB-GYN Surgery); $74,199 - $116,822 (Neurosurgery); $20,469 - $46,730 (Anesthesiology); $35,820 - $56,075 (Emergency Medicine Major Surgery); $40,938 - $77,400 (General Surgery); $40,938 - $85,670 (Orthopedic Surgery); $11,222 - $27,477 (Psychiatry); $8,953 - $20,608 (Ophthalmology); $14,638 - $27,477 (Internal Medicine Surgery).
Dallas City in Dallas County: $15,124 - $27,477 (Family Physician Surgery); $59,221 - $93,457 (OB-GYN Surgery); $83,482 - $116,822 (Neurosurgery); $21,755 - $46,730 (Anesthesiology); $30,470 - $56,075 (Emergency Medicine Major Surgery); $46,059 - $77,400 (General Surgery); $38,390 - $85,670 (Orthopedic Surgery); $12,618 - $27,477 (Psychiatry); $8,625 - $20,608 (Ophthalmology); $16,469 - $27,477 (Internal Medicine Surgery).
Austin City in Travis County: $14,638 - $27,477 (Family Physician Surgery); $64,164 - $93,457 (OB-GYN Surgery); $74,199 - $116,822 (Neurosurgery); $20,469 - $46,730 (Anesthesiology); $32,961 - $56,075 (Emergency Medicine Major Surgery); $40,938 - $77,400 (General Surgery); $40,938 - $85,670 (Orthopedic Surgery); $11,222 - $27,477 (Psychiatry); $8,953 - $20,608 (Ophthalmology); $14,638 - $27,477 (Internal Medicine Surgery).
San Antonio City in Bexar County: $14,638 - $27,477 (Family Physician Surgery); $64,164 - $93,457 (OB-GYN Surgery); $74,199 - $116,822 (Neurosurgery); $20,469 - $46,730 (Anesthesiology); $32,961 - $56,075 (Emergency Medicine Major Surgery); $40,938 - $77,400 (General Surgery); $40,938 - $85,670 (Orthopedic Surgery); $11,222 - $27,477 (Psychiatry); $8,953 - $20,608 (Ophthalmology); $14,638 - $27,477 (Internal Medicine Surgery).
Lubbock City in Lubbock County: $12,680 - $27,477 (Family Physician Surgery); $42,710 - $93,457 (OB-GYN Surgery); $67,818 - $116,822 (Neurosurgery); $18,708 - $46,730 (Anesthesiology); $25,645 - $56,075 (Emergency Medicine Major Surgery); $34,144 - $70,092 (General Surgery); $36,450 - $85,670 (Orthopedic Surgery); $10,257 - $27,477 (Psychiatry); $8,044 - $20,608 (Ophthalmology); $12,680 - $27,477 (Internal Medicine Surgery).
How Many Medical Malpractice Cases are Reported in Texas Yearly?
According to the NPDB, there was an average of 12,414 medical malpractice cases reported in the United States every year from 2009 to 2018, with an average payout of approximately $309,908. Before then, the Institute of Medicine (IOM) had estimated in 1999 that about 44,000 to 98,000 Americans die in hospitals annually from preventable medical errors. The IOM also estimated that these medical errors cost $17 billion to $29 billion a year for individuals, families, and society at large. These costs usually cover economic and non-economic damages including health-care costs, lost income, disability, and lost household production.
In Texas, the Texas Medical Board (TMB) receives and reviews about 9,000 complaints of medical malpractice annually from patients, patient family members, health care professionals, and other sources. These complaints usually cover cases of failed or erroneous diagnosis, inappropriate prescribing, or a medical error that may or may not has resulted in a patient's injury. According to the TMB's statistics, the number of patient complaints against medical professionals increased to 44 percent from 5,211 in 2006 to 7,510 in 2015. Within this period, the Board estimated that the number of investigations of Texas doctors decreased to 9 percent from 2,032 to 1,853.
In 2012, the NPDB released an annual report on medical malpractice in the United States which recorded 5,870 cases of medical errors in the state of Texas. The report showed that medical malpractice cases in Texas have increased over the years since 2003. During that year, 3,794 cases of medical malpractice were reported in Texas and the number increased to 4,112 in 2004, 4,527 in 2005, and 5,012 in 2006. The number of medical malpractice cases however decreased in 2007 to 4,465 and 3,684 in 2008. However, Texas had an increase of 4,402 cases in 2009 and 4,985 cases in 2010.
According to the National Center for State Courts, medical malpractice lawsuits account for less than five percent of personal injury claims that are currently pending across the courts in the United States, with just 3,046 payments made for wrongful death cases involving medical malpractice. Based on the 2019 Annual Statistical Report of the Texas Judiciary, there were 2,078 active cases of medical malpractice pending at the beginning of the year in both the Texas District Courts and Statutory County Courts. The number of active cases increased to 2,128 in 2020..
