Physicians report being sued less often, but medical malpractice claims are becoming more expensive, more volatile, and more consequential—driving up malpractice costs and rate pressure.
Actual medical malpractice claims frequency has declined from historic levels, but it remains higher than physician-reported lawsuits captured in some survey-based measures. In 2025, actual claims frequency was approximately 4.6 percent, down from 7.5 percent in 2016, and well below the roughly 17 percent average observed between 1991 and 2005.
Physician-reported lawsuit data provides an important perspective on medical malpractice trends, but it is not the same as actual claims frequency. Surveys capture how often doctors report being sued, while claims data provides the more relevant measure for assessing malpractice pricing and rate pressure.
Although the number of claims has declined, the claims that do occur are becoming significantly more expensive, increasing insurers’ costs and reshaping expectations for future losses.
The Most Severe Claims Are Driving Pressure
The average of the top 50 medical malpractice verdicts rose from $32.6 million in 2022 to $48.5 million in 2023, then to $51 million in 2024 and $50 million in 2025. At the same time, the number of claims exceeding $2 million reported to the National Practitioner Data Bank (NPDB) has increased more than tenfold since 1990.