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Reviewed by Alexander Karasik, Esq. | Medical Malpractice Attorney | Super Lawyers Recognized | 15+ Years Experience | Last updated: February 2026

According to Diederich Data, New York Has Highest Per Capita Medical Malpractice Payout with payouts exceeding $300 million dollars in 2017. And according to Medscape, the top three reasons for a lawsuit were a failure to diagnose, complications from a treatment or surgery, and poor outcome or disease progression. Approximately 80-90% or more of medical malpractice cases are settled out of court and plaintiffs in malpractice cases often walk away with a substantial financial award.

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About the Reviewer
Alexander Karasik, Esq. is a medical malpractice attorney who has represented victims of hospital negligence, surgical errors, and misdiagnosis across New York City. Read his full bio.