Available Now

The 2026
Risk Environment
Reports

Claims are falling, costs are rising and the legal landscape looks different in every state. Explore the trends shaping medical malpractice risk nationally and where you practice.

📖 National | State | Specialty

🗓️ Available Now

Get Your Reports

Three forces shaping 2026

What's inside this year's report

Toggle between the year’s most important risk signals. Each view highlights findings from the full reports.

Fewer claims. Bigger consequences.

Nationally, claim frequency continues to decline. But average payments are climbing faster than frequency is falling—so while claims are less frequent, each one is becoming far more expensive.

Why it matters High-severity claims can outweigh years of hard-won improvements in frequency. Managing exposure now means preparing for potential outliers.

National claim frequency, 10-year trend

National average payment per claim, 10-year trend

COVID reshaped claim trends.

Malpractice filings dropped noticeably in the early years of the pandemic as courts closed, trials were postponed and elective procedures paused. As restrictions eased, claims rebounded, driven by court backlogs clearing and patients returning to care.

Why it matters The pandemic-era dip can make recent frequency trends look sharper than they are. Reading today’s numbers accurately means accounting for that disruption.

Slowed

Claim volume as courts closed and procedures paused

Rebounded

As courts reopened and patients returned to care

Clearing

Court backlogs from the pandemic years

Risk depends on where you practice.

The legal environment is no longer uniform. Some states have added caps or passed tort reform. Others have raised damage limits, struck down caps or eliminated pre-suit review panels. And legal advertising—billboards, digital, streaming—can influence how often patients sue and what juries expect.

Why it matters Jurisdiction is now a primary driver of risk. Where caps are weak and advertising is heavy, claims tend to cost more.

Uneven

Tort reform landscape across states

Rising

Legal advertising spend, nationwide

Volatile

Claim outcomes vary with each state’s laws.

Tort-reform climate · 2026

Tort-reform climate Strong reform Mixed / uncertain Plaintiff-friendly

Legal ad spend (annual, $M) $25M $75M $150M+

Top states by legal ad spend (2025 est.)

Download Now

Access the insights you need.

The 2026 Risk Environment Reports are available for all 50 states and D.C. To access the national, state or specialty reports, complete the form below.

Learn more about MyAdvice →

50,000+

healthcare organizations and professionals protected

A (Excellent)

A.M. Best rating

This webpage highlights findings from the 2026 Risk Environment Reports. Charts and graphics are approximations provided for illustration. The information presented is for informational purposes only and should not be relied on as legal or professional advice.