Medical mistakes cost the most in Connecticut, where the average malpractice payment reaches $731K, according to a November 2026 report on the price of preventable medical mistakes in America. This newly released study by Frankl Kominsky Injury Lawyers reveals the top 10 states where medical errors lead to the biggest payouts.
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New York has paid out nearly $3B in malpractice compensation over five years, more than any other state.
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Out of more than 4K malpractice payments in Pennsylvania, nearly 40% are tied to a severe or permanent injury.
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Alaska has fewer than 100 successful claims over medical misconduct, yet each one averages $690K, among the highest in the country.
The research examined all 50 US states to find where medical mistakes come with the biggest bill. The report looked at how much money is paid out in malpractice cases compared with each state’s population, and how large a typical payment is. It also compared what hospitals spend per inpatient day and the yearly deductible patients face on their health insurance. These figures were combined into a single score, revealing where malpractice payouts are highest.
Here’s a look at the top 10 states where medical mistakes cost the most:
| State | Medical Malpractice Cost Index | Malpractice Compensation per Resident | Average Malpractice Payment | Avg. Annual Single-Coverage Deductible | Number of Malpractice Payments | Death-Associated Records | Severe/Permanent Injury Records |
| Connecticut | 100 | $142.4 | $731,499 | $2,454 | 718 | 24.60% | 28.40% |
| New York | 86 | $148.6 | $492,805 | $1,912 | 6031 | 23.70% | 24.60% |
| Pennsylvania | 80 | $146.6 | $462,219 | $2,139 | 4141 | 35.10% | 38.40% |
| Rhode Island | 80 | $131.7 | $611,689 | $1,975 | 240 | 31.20% | 33.30% |
| New Mexico | 78 | $151.7 | $381,684 | $2,005 | 845 | 37.10% | 26.70% |
| New Jersey | 76 | $139.2 | $474,630 | $1,825 | 2800 | 28.10% | 37.20% |
| Massachusetts | 72 | $112.6 | $639,391 | $1,809 | 1260 | 35.50% | 27.20% |
| New Hampshire | 64 | $94.0 | $566,197 | $2,635 | 235 | 39.70% | 23.80% |
| Illinois | 59 | $98.0 | $601,531 | $1,990 | 2072 | 34.30% | 25.00% |
| Alaska | 53 | $82.4 | $690,207 | $1,905 | 88 | 21.00% | 18.50% |
You can access the complete research findings here.
1. Connecticut
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Average malpractice payment: $731.5K
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Number of malpractice payments: 718
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Total malpractice compensation paid: $525.2M
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Malpractice compensation per resident: $142.39
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Average annual health insurance deductible: $2,454
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Hospital expenses per inpatient day: $3.6K
Connecticut is where malpractice cases end with the biggest checks. Payments here average about $731K, the largest in the country and more than three times the roughly $231K paid in Texas. Connecticut doesn’t see many of these paid cases, just 718 over five years, but together they add up to $525M. A patient who needs more care afterwards faces a bill of their own, and the first part of it is the deductible, the amount paid out of pocket before health insurance starts covering costs. In Connecticut, it averages $2.5K, about $200 more than in the typical state. Hospitals spend a lot there too, around $3.6K for every day a patient stays.
2. New York
New York is the second most expensive place for medical mistakes. The state has over 6K malpractice payments on record, more than any other, and they add up to nearly $3B, the largest bill in the country. That works out to about $149 per resident, over two and a half times what the typical state pays. With an average payment near $493K, a single case is far from small. On top of that, hospitals spend about $4.2K per inpatient day, roughly a third more than in the typical state, so any extra time in the clinic gets expensive fast.
3. Pennsylvania
Pennsylvania is where the cases tend to be the most serious. Among cases that resulted in a payout over the past five years, nearly 4 in 10 were tied to a severe or permanent injury, the highest share in the country, and more than 1 in 3 resulted in a death. What’s worse, the state has plenty of these cases, recording more than 4.1K such compensations. Altogether, clinics and insurance companies in Pennsylvania have paid out $1.9B in malpractice settlements.
4. Rhode Island
Rhode Island comes next on the list. The state has recorded 240 malpractice compensations over the past five years, averaging about $612K each, one of the largest sums in the country. Spread across roughly 1.1 million residents, the $147M paid out comes to $132 per person, more than double the typical state. The cases tend to be serious too, with about 1 in 3 payment records tied to a death and a similar share to a severe or permanent injury.
5. New Mexico
New Mexico rounds out the top five. The state has one paid case for roughly every 2.5K residents, more than four times as often as Texas. Those 845 cases add up to $323M in compensation over five years, around $152 for every resident, the most of any region and over two and a half times the amount in the typical state. Many of the cases are also very serious, with 37% tied to a death, the third-highest share in the country.
Steven L. Frankl from Frankl Kominsky Injury Lawyers commented on the study:
“The medical mistakes are becoming increasingly expensive in America. The average of the 50 largest malpractice verdicts in the US climbed from $32M in 2022 to $48M in 2023 and $56M in 2024, according to the American Medical Association. Lawyers are asking for bigger numbers, and jurors are more used to hearing large sums, so awards are rising faster than ordinary inflation. Insurers call this social inflation, and it is one reason malpractice coverage has been getting pricier in some states. On the other hand, this trend ensures that seriously injured patients can receive enough to cover long-term care, lost income, and the daily support they may need for years.”
