AMA research details toll of broken medical liability system

CHICAGO - New research studies from the American Medical Association (AMA) reveal that many physicians face a significant risk of being sued during their careers. The ever-present risk of lawsuits-even when no error occurred-and high medical liability insurance premiums have contributed to a prolonged period of heavy financial burden on doctors, fueling escalating expenses throughout the health care system.

"Physicians know the practice of medicine carries risk, and even highly skilled doctors face lawsuits," said AMA President Bobby Mukkamala, MD. "But a claim does not mean a mistake was made. Most cases never find fault with the physician, and the majority are dropped or dismissed before trial. Doctors continue to take on complex, high-risk care because patients depend on it. However, the ongoing liability risk not only challenges physicians but it increases practice expenses, reinforces defensive medical practices, and drives up health care costs for patients and families."

In the first of two research reports, the AMA studied medical liability claim frequency (PDF) among patient care physicians in the U.S. between 2016 and 2024. The findings show the risk of being sued increases with years in practice, and medical specialty and gender are also prominent factors. Key findings from the research include:

• Physicians with more years of practice have more exposure to risk. Nearly half (45.2 percent) of physicians aged 55 and over had been sued, compared to 11 percent of physicians under the age of 45.
• Surgical specialties carry the highest risk. Nearly three in five (59.6 percent) obstetricians & gynecologists and about half (53.1 percent) of general surgeons have been sued at least once in their career.
• Among obstetricians & gynecologists and general surgeons aged 55 and over, nearly three out of four have been sued at least once in their careers.
• Claim frequency against physicians has fallen over time. Less than a third of physicians (28.7 percent) had been sued during their careers in 2024, down from a share of 34 percent in 2016.

In the second research report, the AMA studied annual changes in medical liability insurance premiums (PDF) between 2016 and 2025. The findings reveal that the premiums for liability insurance have increased nationwide for the seventh consecutive year, marking the most prolonged upward trend since the early 2000s. Key findings from the research include:

• The trend in sustained premium growth began after 2018. The share of premiums that increased year-over-year rose sharply from 13.7 percent in 2018 to 39.9 percent in 2025.
• Physicians in certain states are more impacted than others. In 2025, 36 states saw at least one premium increase, and 18 states had at least half of their reported premiums rise.
• Eleven states had at least one premium grow by 10 percent or more in 2025. Five of these states - Pennsylvania, Kentucky, Florida, Illinois, and New York - experienced large premium increases in both 2024 and 2025.
• Higher premiums are observed for obstetrics & gynecology and general surgery compared to internal medicine, reflecting greater liability risk.
• Premiums in California are significantly lower than in other states, attributed to caps on non-economic damages.

Given the high costs and strain caused by a highly litigious climate and the drag it places on the nation's health care system, the AMA continues to work with state and specialty medical societies and other stakeholders to advance medical liability reforms. These efforts aim to fix the costly problems in the medical liability system while ensuring that injured patients are fairly compensated. The AMA wants reforms to rein in the broken medical liability system, reduce the growth of health care costs, and preserve patients' access to high-quality care. For information on AMA solutions to reshape the current medical liability system to better serve both patients and physicians, please read Medical Liability Reform - Now! (PDF)

The new reports are the latest additions to the AMA's Policy Research Perspective series that support AMA federal, state and private sector advocacy agendas. For additional information from the new reports, go to the AMA website.

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Editor's Note: The AMA will host a webinar on May 20 examining current legislative trends, research and advocacy efforts centered on medical liability reform. For details including registration information, please visit the AMA website.