According to the American Academy of Family Physicians (AAFP), the medical malpractice statistics show that the most common types of cases leading to malpractice suits against family physicians are those involving myocardial infarction, breast cancer, appendicitis, colon cancer, and and lung cancer. It is most commonly claimed that the physician missed the symptoms and didn't properly test for and diagnose these conditions. Medical malpractice statistics show that diagnostic errors account for more than one third of malpractice claims.

The 10 states with the highest medical malpractice premiums (and most likely the highest levels of malpractice claims since medical malpractice statistics are a factor in setting premiums) are Florida, Nevada, Michigan, the District of Columbia, Ohio, Massachusetts, West Virginia, Connecticut, Illinois and New York. If you are worried about whether or not your doctor has been accused of malpractice, state health boards usually have a database you can search to check whether any claims have been filed against your doctor.

According to medical malpractice statistics, those doctors most at risk for medical malpractice claims are neurological surgery, thoracic surgery, obstetrics and gynecology, general practice, emergency room, plastic surgery, radiology, anesthesiology, general surgery and cardiovascular disease. OB-GYNs have one of the highest premiums because medical malpractice statistics show that when they are found guilty of malpractice the payouts are the highest since many babies injured at birth require expensive lifelong care. Anesthesiologists have set new safety and quality standards for their profession that have lowered the levels of claims against them according to medical malpractice statistics, and this has led to lower premiums as well.

According to the New England Journal of Medicine, it is not uncommon for their to be medical malpractice claims that lack evidence of errors, but according to medical malpractice statistics these are usually denied compensation. However, claims that lack evidence of errors are still costing insurance companies money as they have to deal with them, and still contributing toward increase in insurance company expenses and the cost of medical malpractice insurance for doctors.