Becker's Healthcare January 20, 2026
The legal and financial environment surrounding malpractice premiums and lawsuits has intensified as awards of more than $10 million become increasingly commonplace in healthcare.
Here are six things to know about the malpractice environment across the U.S. in 2026:
1. According to ranking and surveys from WalletHub, Medscape and Marit Health, several states offer more “favorable” malpractice regulations and costs for physicians. These states include: Montana, Indiana, Iowa, Wyoming, Wisconsin, New Hampshire, South Dakota, North Dakota and Mississippi.
2. Juries are increasingly awarding “nuclear verdicts,” or those surpassing $10 million, in medical malpractice lawsuits, according to the American Medical Association. The average amount of the top 50 medical malpractice verdicts has significantly increased in recent years, the AMA...
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