New York ranks second in the nation for medical malpractice, according to a study by High Rise Financial. The state recorded 5,321 medical malpractice payments between 2022 and 2026, resulting in a rate of 97.2 malpractice reports per 1,000 practitioners.
New Mexico reported the highest rate at 115.7 malpractice reports per 1,000 practitioners. Neighboring states also show significant rates, with Pennsylvania at 95.9, Florida at 83.0, and New Jersey at 76.1 reports per 1,000 practitioners. In contrast, North Dakota recorded a much lower rate of 11.3 reports per 1,000 practitioners.
Medical malpractice cases can encompass a range of errors, from surgical instruments or sponges left inside patients to misdiagnoses that lead to physical harm.
High-profile cases have occurred in New York, including that of surgeon Allan Zarkin, who carved his initials into a patient's abdomen in 1999 after a Caesarean section. The patient, Liana Gedz, received $1.75 million in a settlement. Another notable case involved actress Julie Andrews, who sued Mount Sinai Hospital and two doctors in 1999 after a throat operation allegedly ruined her singing voice. The settlement amount for Andrews' case was not disclosed.
In a landmark lawsuit decided in January 2026, Fox Varian, 22, was awarded $2 million in a case against New York doctors accused of recommending a double mastectomy at age 16. This marked the first "detransition" malpractice lawsuit to go to trial and win in the U.S.
New York's lack of a legal limit on damages for pain and suffering contributes to high payouts in some cases. In one instance, Columbia University and New York-Presbyterian agreed to pay $165 million to 147 former patients who were victims of gynecologist Robert Hadden. Statistics indicate that Brooklyn frequently leads the city in both the total number of medical malpractice filings and the size of verdicts awarded.
Approximately 17,000 medical malpractice lawsuits are filed annually in the United States.
