Diagnostic-error cases (missed/delayed diagnoses of cancers, infections, vascular events) are among the most severe and costly malpractice claims, driving a large share of catastrophic outcomes. That’s why venue matters: the same factual scenario can be priced—and litigated—very differently depending on the jurisdiction.
Below is a practical way to triangulate venue risk using public sources you can cite in a client update or underwriting memo.
1) Start with payouts: NPDB’s state map
Use HRSA’s NPDB Data Analysis Tool to view medical malpractice payment totals and medians by state, over time. Higher and rising payouts can signal a more plaintiff-favorable climate—even though NPDB isn’t diagnostic-error specific. Tip: compare 5-year trends rather than a single year; normalize by population when possible.
How to use it
- Pull a five-year state view for “Medical Malpractice Payment Reports.”
- Flag states with both above-median payouts and upward trends for deeper review (see Steps 2–4).
2) Check legal levers: AMA’s 50-state caps & reforms
The AMA State Laws Chart summarizes key liability-reform features (e.g., non-economic damage caps, wrongful-death caps, joint-and-several rules). States with no/low caps and plaintiff-friendly rules generally see higher verdict potential. Track recent changes (e.g., phased cap adjustments), which can shift venue dynamics quickly.
How to use it
- Annotate your state list from Step 1 with: “caps/no caps,” “cap amount,” and any recent legislative updates.
- Elevate states with no caps or high caps into your “watch” category—even more so if NPDB payouts are also elevated.
3) Layer venue climate: ATRA’s “Judicial Hellholes”
ATRA’s annual Judicial Hellholes® report highlights states and specific local courts with reputations for expansive liability or litigation tourism. It’s not med-mal specific, but it’s a useful venue-climate signal—especially for county/city hot spots mentioned by name.
How to use it
- Cross-reference any state or county called out by ATRA with your NPDB/AMA short list.
- If a city/county recurs in ATRA summaries year over year, treat it as a likely plaintiff-leaning venue and plan pricing/defense posture accordingly.
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