Current data on medical malpractice lawsuits in New York may reveal several key trends for the coming year that could affect these cases. But how may the trends developing for 2026 affect patients’ rights to pursue medical malpractice claims in New York? Understanding what the trends in 2026 for medical malpractice lawsuits in New York may mean for your claim can help you adjust your legal strategy to ensure you recover the compensation you deserve for your harm and loss.
Trend #1: Total Payouts and Average Payments Are Up
According to the NPDB, New York State reported 1,284 medical malpractice payments. Through September 30, 2025, the state had 972 reported payments, indicating that New York is on pace for higher costs in 2025. Payments have been increasing since 2021, after a steep decrease in reported payments in 2020, which might be attributed to malpractice claims related to the COVID-19 pandemic.
Although payment amounts broken down by dollar range have remained relatively steady up to $500,000, projected reported payments in the upper-tier brackets have increased for 2025 compared to 2024, including significant increases in the $500,000 to $999,999 and the $1 million to $1,999.999 bracket, and potentially a near doubling of reported payments in the $2 million-plus bracket.
Trend #2: Difficulties in the Med Mal Insurance Market
Increases in payments on med mal claims, especially those exceeding $500,000, may pose challenges for the medical malpractice insurance market. Insurers will likely respond to rising medical malpractice claim payments by increasing medical providers’ premiums and tightening underwriting standards. In response to a more difficult market for medical malpractice insurance, healthcare providers may need to revise their risk management policies to secure more affordable liability coverage.
Trend #3: Telemedicine and Interstate Care Can Lead to New Liability
Telemedicine has grown in popularity since the pandemic, opening another avenue for interstate medical care in addition to traditional travel nurses or physicians. However, cross-jurisdictional healthcare can raise unique and complex liability concerns, including ensuring that providers are appropriately licensed to care for harmed patients and that the proper standards of care apply in a patient’s case. Friction between various states’ laws and public policies regarding different forms of healthcare can also create significant complexity in medical malpractice cases.
Trend #4: Local Trend Drivers in New York City
In New York City, city officials have noted that medical malpractice claims and payouts at city-controlled hospitals have declined over the past few years. Against the backdrop of rising medical malpractice claim numbers statewide, the decrease in claims in NYC hospitals may reflect concerted efforts by city officials to implement polices to mitigate risks of negligent care.
Trend #5: Legislative and Regulatory Changes
Legal changes to New York medical malpractice law in 2025, plus potential changes under consideration, could affect claims in the state. For example, the New York Court of Appeals held that tort law limited recovery for purely emotional damages in prenatal injury cases. A bill under consideration by the New York legislature would require a certificate of merit from an attorney in medical malpractice claims, prohibit the withholding of expert names during discovery, and limit non-economic compensation. A second bill also proposes to amend the statute of limitations for medical malpractice claims in cases where a hospital files an incident report.
Contact a Medical Malpractice Attorney Today
After suffering harm due to a healthcare provider’s careless or reckless actions or decisions, you may have the right to pursue compensation. Contact McCann Legal, PC today for a free, no-obligation consultation with a medical malpractice attorney to discuss how the trends for 2026 may affect your rights to pursue compensation for injuries or complications caused by negligent medical care.