The 2026 Medscape Physicians and Malpractice Report, published on September 22, 2026, reported that one-third of all physicians in the United States have been a sole or co-defendant in a medical malpractice lawsuit, according to Medscape’s latest survey of physicians across more than 29 specialties. Compared to past Medscape reports, physicians reported a bit less stress over suits and a lower likelihood of being involved in multiple cases. However, potential increases in nuclear medical malpractice verdicts and medical malpractice insurance rates may offset any good vibes.
The 2026 Report stated that since the 2024 Medscape Physicians and Malpractice Report, the share of physicians who reported that they constantly or frequently worry about malpractice exposure during patient interactions has dropped almost 10%. It is particularly higher among some specialties, with 42% of emergency-medicine physicians and 39% of Ob/Gyns reporting constant or frequent worry, compared to 24% of all physicians.
The percentage of all physicians who reported to have been involved in a medical malpractice lawsuit was 33% (31% of all primary care physician respondents and 34% of all specialists).
The Report stated the medical malpractice risk by specialty as: 63% for ob/gyn; 63% for general surgery; 62% for orthopedics; 50% for emergency medicine; and, 43% for anesthesiology.
The location of medical malpractice cases in the United States breaks down to 40% in the North, 36% in the Midwest, 31% in the West, and 30% in the South.
With regard to how often physicians were named in a medical malpractice lawsuit, 53% of respondents reported they were named once (compared to 44% in 2023); 43% reported being named in a medical malpractice lawsuit 2 to 5 times (compared to 49% in 2023); 2% reported being named in a medical malpractice lawsuit 6 to 9 times (compared to 5% in 2023); and, 1% reported being named in a medical malpractice lawsuit 10 or more times (compared to 2% in 2023).
For 2026, 37% reported an award or settlement in the amount of $100,000 or greater (31% in 2024 and 30% in 2023).
For 2026, 44% of respondents who had been sued for medical malpractice reported that they took steps to reduce the risk of future claims (compared to 43% in 2024); 30% lost trust in patients and treat them differently (compared to 35% in 2024), and 32% made no changes (compared to 31% in 2024).
Eleven percent (11%) of respondents reported that they pay for their own medical malpractice insurance coverage, in whole or in part.
There were 1,120 respondents who met the survey criteria and were included in the survey. The surveys were conducted between May 5, 2026 and July 19, 2026.
If you or a loved one have suffered serious harm (or worse) as a result of medical malpractice in the United States, you should promptly find a medical malpractice attorney in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
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