CHARLESTON — A recent report shows West Virginia had the highest payouts of any other state in the nation regarding medical malpractice claims.
The report found 2,265 adverse action reports filed in West Virginia since 2017. The report found 592 medical malpractice reports resulted in a payment in West Virginia and that $1,756,108,200 was the amount paid, adjusted for the cost of living in the state.
West Virginia sees 128 adverse action reports per 100,000 residents, with 26% of these reports receiving payouts of an average of $989.
According to the report, medical malpractice payments are approximately $552 per capita in the U.S.
Mary Kate Mackin, legal digital PR manager at Forbes said West Virginia's rural terrain and socioeconomic challenges definitely contribute to heightened medical malpractice.
"Unequal access to safe health care plays a direct role in unsafe medical practices and unregulated treatment across the state," Mackin said in an interview with The West Virginia Record. "West Virginia also has unique policies surrounding payouts that do not place a cap on economic damages in wrongful death, injury or other similar suits that prevent plaintiffs from caring for themselves."
Mackin said this means those impacted by medical malpractice can sue for much higher amounts in West Virginia than in other states.
"High medical malpractice payouts can feel like a form of justice to those who were victims in malpractice cases but often are unable to solve for lasting injuries or wrongful death," Mackin said. "Alternatively, many feel that high malpractice payouts are to blame for ever-increasing healthcare costs and access. As payouts continue to rise, so will premiums for safe healthcare."
Mackin said that although the top 10 states that are most affected by medical malpractice do not follow a specific geographic pattern, the largest similarity between the top states has to do with their socioeconomic status.
"West Virginia and Louisiana are both considered to be in the poorest group of states in the country, directly aligning with inequities in healthcare access and standards," Mackin said. "These states experience medical malpractice reports at a much higher rate than other states — in some cases nearly two to three times other states that ranked in our top 10 most affected states."
Mackin said if trends continue as we have seen in the past decade, especially following COVID-19, medical malpractice cases will continue to increase, much in part due to more accessible information on the internet, increasing insurance premiums and overall healthcare costs and a new focus on personal injury advocates and education surrounding the history of medical malpractice in the U.S.
"West Virginia has spent over $1.5 billion on medical malpractice payouts since 2017," Mackin said. "With above-average adverse action reports, unique legislature surrounding payouts, and poor accessibility to healthcare, West Virginia ranks as the state that is most affected by medical malpractice in our report."
The report noted that while New York ranked first for medical malpractice payments, it was second to last for adverse action reports, keeping West Virginia at the top for payouts with more than $1.5 billion.
Louisiana topped adverse reports but had lower per capita payments, affecting its overall ranking and Alaska and Connecticut, despite their demographic and policy differences, tied but showed significant ranking disparities.