Frequency of Medical Liability Lawsuits Is Declining, but Risk Remains for Doctors: AMA

Why It Matters

Even as lawsuits become slightly less frequent, the persistent risk for certain specialties and soaring malpractice premiums threaten provider profitability and could drive care shortages, especially in high‑demand fields.

Key Takeaways

• Lawsuit rate fell to 28.7% in 2024 from 31.2% in 2022
• Surgeons, OB‑GYNs, and general surgeons face highest litigation risk
• Endocrinologists and psychiatrists report under 10% lawsuit exposure
• Premiums rose for 40% of insurers in 2025, highest since early 2000s

Pulse Analysis

The AMA’s new data underscores a nuanced shift in the U.S. medical‑liability landscape. While the overall share of physicians who have faced a lawsuit is edging downward, the decline is modest and uneven across specialties. High‑stakes fields—particularly surgeons, obstetricians‑gynecologists and general surgeons—continue to bear a disproportionate burden, with nearly half reporting at least one suit. This concentration fuels defensive medicine, prompting clinicians to order extra tests or procedures primarily to shield against potential claims, which inflates overall health‑care spending.

Beyond the litigation frequency, the cost of malpractice coverage is accelerating. Premiums for surveyed insurers rose for 40% of policies in 2025, echoing the rapid hikes of the early 2000s when rates surged 70‑80% annually. The upward trajectory reflects both the growing complexity of care and the expanding financial stakes of defending suits. For physicians, especially those in high‑risk specialties, insurance costs now represent a significant line‑item, squeezing margins already pressured by inflation and operational expenses.

The combined effect of lingering lawsuit risk and climbing premiums poses a strategic dilemma for health‑care providers. Practices facing unsustainable insurance bills may consolidate, scale back services, or even close, potentially reducing access in underserved regions. Policymakers and insurers are therefore urged to explore risk‑adjusted pricing models and alternative dispute mechanisms to temper premium growth. If unchecked, the trend could exacerbate provider shortages and elevate patient costs, counteracting broader efforts to improve affordability and quality in American health care.