BALTIMORE, MD—A new study by a Florida-based personal injury law firm, FHV Legal, has ranked Maryland as the third riskiest state in the nation for medical malpractice, coinciding with a separate state health report showing a fourth consecutive annual increase in medical errors.
The analysis by FHV Legal, which examined data from the National Practitioner Data Bank, gave Maryland a “Miscare Score” of 71.45, placing it behind only Delaware and South Carolina. The study’s score was based on two metrics: the number of Adverse Action Reports (AARs) and Medical Malpractice Payment Amounts.
According to the firm’s findings, Maryland has the second-highest malpractice payout amount among the top 10 states, at $67.54 million per 1,000 practitioners.
The report notes a disproportionate risk among certain professions within the state. Maryland’s Registered Nurses have the highest Miscare Score at 75, largely due to a high number of adverse action reports. Osteopathic Physicians (DOs) ranked second with a Miscare Score of 71.9 but recorded the highest malpractice payouts in the state at $203.58 million per 1,000 practitioners.
The findings come as the Maryland Department of Health’s fiscal year 2023 report on its Maryland Hospital Patient Safety Program documented a continued rise in adverse events. The department attributes the increase in part to the lingering effects of the COVID-19 pandemic, including staffing shortages, high patient acuity, and supply chain disruptions.
The World Health Organization reports that around 1 in 10 patients is harmed in health care, with more than 3 million deaths occurring annually due to unsafe care. In the U.S. specifically, surgical errors are estimated to be the primary issue in 75% of malpractice cases involving surgeons.
The study from FHV Legal highlights a trend of rising patient safety concerns in Maryland, drawing a direct line between the state’s official reports on medical errors and its high ranking in national malpractice data.
| Rank | State | Adverse Action Reports Per 1k Practitioners | Medical Malpractice Amount Per 1k Practitioners (in Million USD) | Miscare Score |
| 1 | Delaware | 694.27 | 41.94 | 78.6 |
| 2 | South Carolina | 618.34 | 52.56 | 73.5 |
| 3 | Maryland | 600.75 | 67.54 | 71.45 |
| 4 | Utah | 654.92 | 39.69 | 70.4 |
| 5 | Louisiana | 696.58 | 31.67 | 69.4 |
| 6 | Georgia | 512.55 | 90.39 | 69.35 |
| 7 | Kentucky | 628.28 | 36.26 | 65.3 |
| 8 | Washington | 641.96 | 32.16 | 62.25 |
| 9 | Michigan | 688.54 | 27.29 | 61.2 |
| 9 | Oregon | 614.56 | 34.44 | 61.2 |
