Max

Max Schloemann

About Max Schloemann

Max Schloemann is a medical malpractice insurance broker, focused on helping physicians secure Medical Professional Liability coverage. He helps Doctors and Surgeons, as well as Physician Assistants, Nurse Practitioners, and healthcare entrepreneurs launch new medical practices across the country. Max graduated Magna cum Laude from Southern Illinois University College of Business and was named the Outstanding Management Senior. Max’s career in medical malpractice insurance began in 2008 with an industry-leading firm. Max founded SURGPLI in 2023 to help surgeons navigate the complexities of medical malpractice insurance in the new era of healthcare. Max’s wife, Kristen, a Physician Assistant, and their 4 kids (plus 1 dog) enjoy hiking, golf, and cooking.

Top 10 Medical Malpractice Insurance Companies for Surgeons in 2025

2024-12-20T06:17:41+00:00

A reputable broker like SURGPLI can help surgeons achieve the ideal medical malpractice insurance scenario: top-notch liability coverage from an A-rated provider at a competitive rate. 

Use this guide to explore the leading insurance providers of 2025, their ratings, and how their organizational structure and product offerings address surgeons’ unique needs.

Table of contents

How to Choose the Best Medical Malpractice Insurance Carrier 
SURGPLI’s Top 10 Medical Malpractice Insurance Companies for Surgeons
Find the Best Medical Malpractice Insurance For Your Specific Practice 

How to Choose the Best Medical Malpractice Insurance Carrier

Depending on your specialty and where you live, you’ll likely have access to multiple top-rated malpractice insurance providers. When comparing policies and selecting a carrier, pay attention to the details and carefully consider these factors:


AM Best is an independent global credit agency that has specialized in insurance company credit assessments since 1899. The non-profit agency evaluates an insurance company’s strength and reliability using qualitative and quantitative data, such as public filings, year-end financial statements, and regulatory reports.

This AM Best Rating System:

  • Increases credibility and trust for carriers
  • Builds knowledge and transparency for consumers
  • Develops awareness of financial stability
  • Highlights future strength projections

Each year, AM Best gives consumers an opinion-based rating and overview of the industry’s carriers. Insurance carriers receive a rating according to the scale of A++ (Superior) to D (Poor) based on these five measures:

  • Insurer Philosophy
  • Financial Stability
  • Management Practices
  • Operational Structure
  • Projected Success 

TIP: Verify a carrier’s rating per the original A.M. Best ratings document.
An insurance company’s website might display its top historical rating rather than the current rating.

Financially stable carriers will remain solvent long-term, ensuring your policy limits are sufficiently funded. Financially unstable carriers pose a greater risk of unexpectedly losing coverage or being held liable for legal fees or damages.

After narrowing down a list of strong potential carriers, focus on the policy details and rate premiums. Policy features that demand particular attention include:

Legal Expenses
A policy that covers defense costs in addition to the limits of liability is preferable to a policy that subtracts defense costs from your total liability limits.

Incident Trigger vs. Demand Trigger
The coverage trigger is a frequently ignored yet crucial line item in a malpractice insurance policy. Look for a policy with an incident trigger that allows you to report a claim as soon as an incident happens. The alternative, a demand trigger, requires a written demand for damages from the plaintiff before you can report a claim.

Consent to Settle
A consent-to-settle clause gives you the right to contest a meritless claim, even when settling is cheaper for the carrier. Without this clause, the carrier can opt for a settlement without your approval.

SURGPLI’s Top 10 Medical Malpractice Insurance Companies for Surgeons

Select the carrier you’d like to view.

No. Carrier A.M. Best Rating Category
1 The Doctors Company Group A Excellent
2 MedPro Group A++ Superior
3 Coverys Group A Excellent
4 Admiral Insurance Company A+ Superior
5 ISMIE A- Excellent
6 MagMutual Group A Excellent
7 MMIC/Curi Group A Excellent
8 AMS RRG A- Excellent
9 COPIC Group A Excellent
10 Hudson Insurance Group A+ Superior
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1. The Doctors Company (TDC)
AM Best Rating: A (Excellent)

  • Largest physician-owned malpractice insurance carrier
  • Protects more than 90,000 physicians and surgeons nationwide
  • $7.3 billion in assets with a $2.8 billion member surplus

The Doctors Company was founded during the California medical malpractice insurance crisis of the 1970s with the clear mission to advance, protect, and reward the practice of good medicine. 

Since then, The Doctors Company has earned endorsements from many national partners, including:

  • American College of Surgeons
  • American Academy of Otolaryngology-Head and Neck Surgery
  • American Association of Neurological Surgeons
  • American Society of Plastic Surgeons

The Doctors Company is an excellent choice for surgeons in most states. It offers its members a loyalty program called The Tribute Plan, which has paid physicians over $175 million in rewards. The Doctors Company Foundation funds patient safety research and education programs to improve the healthcare environment for surgeons and physicians.

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2. MedPro Group
AM Best Rating: A++ (Superior)

  • A Berkshire Hathaway Company
  • 90% national trial win rate; 80% of claims closed without payment
  • Provides free tail coverage for surgeons at retirement after one year of insurance

MedPro Group is owned by Berkshire Hathaway, an organization widely recognized for its financial strength and prudent investment strategies. The Medical Protective Company is the oldest and largest malpractice insurance carrier, insuring the healthcare community and managing over half a million claims since 1899. Berkshire Hathaway/MedPro acquired Medical Liability Mutual Insurance Company (MLMIC), New York’s largest carrier, in 2018. 

MedPro offers pure consent to settle clauses, vowing never to settle any case without the surgeon’s consent. It’s your name on the policy and, to them, that signifies the right to make settlement decisions autonomously.

MedPro is the leading medical malpractice insurance carrier in Texas, New York, Ohio, Pennsylvania, New Jersey, Indiana, Kentucky, and other states.

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3. Coverys 
AM Best Rating: A (Excellent)

  • 45+ years of experience defending doctors
  • Nearly $4 billion in assets

  • Offers CME programs on risk management and quality improvement

Coverys is a group of carriers including ProSelect Insurance Company, ProMutual Group Inc., Preferred Professional Insurance Company, Medical Professional Mutual Insurance Company, Healthcare Underwriters Group, Inc., Coverys Specialty Insurance Company, and Coverys, RRG, Inc. 

Coverys is the leading medical malpractice insurance carrier in Michigan, New Hampshire, North Dakota, and Rhode Island and writes medical professional liability insurance in most states.

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4. Admiral Insurance Company
AM Best Rating: A+ (Superior)

  • In operation for 50+ years
  • Offers diverse endorsement options to support surgeons with unique risk profiles
  • Covers hard-to-place surgeons and aesthetic procedures

Admiral Insurance Company is a member of W.R. Berkley Corporation and has been in operation since 1974. It provides medical malpractice insurance to surgeons and medical practices on a non-admitted basis in most states. Admiral helps surgeons whose individual risk profile—due to claims or other factors like specialty—falls outside of typical underwriting guidelines for admitted carriers.  

Admiral was named 5-Star Professional Liability winner for excellence in Professional Liability underwriting by Insurance Business America in 2023.

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5. ISMIE Group
AM Best Rating: A- (Excellent)

  • 92% trial win rate
  • Personalized risk management
  • 100+ Online CME courses on patient safety

ISMIE is a physician-led medical malpractice insurance carrier based in Chicago, IL, offering nationwide flexible coverage solutions. Doctors founded ISMIE during the professional liability insurance crisis in 1976, and it has since dominated the Illinois medical liability market for over 40 years. 

With over $1.4 billion in assets, ISMIE provides malpractice protection to doctors, surgeons, hospital systems, and healthcare facilities in all 50 states, DC, and the US Virgin Islands.

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6. MagMutual Insurance Company
AM Best Rating: A (Excellent)

 

  • 10% reduction in medical malpractice losses
  • Owned and led by policy owners
  • $400M+ in financial rewards returned to policy owners since inception
  • Free retirement tail insurance after one year for surgeons age 50+

MagMutual, based in Atlanta, is Georgia’s top malpractice insurance carrier, covering more than 40,000 physicians and healthcare organizations nationwide. Subsidiaries include Professional Security Insurance Company and MagMutual RRG for New York Doctors.

MagMutual offers the Preserve Program®, an early-intervention strategy that surgeons can implement to maintain a positive physician-patient relationship following an adverse outcome. Other resources include a 24/7 physician-staffed emergency hotline, online CME courses, and a peer support program for litigation-related stress management.

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7. MMIC/Curi Group  
AM Best Rating: A (Excellent)

Based in Raleigh, NC, Curi Group has a well-established reputation for strong financial stability and a trial win/loss success rate of 83%. Curi is comprised of many formerly independent carriers, including MMIC, Medical Mutual Insurance Company of North Carolina (MMICNC), MMIC RRG, Arkansas Mutual, Michigan Professional Insurance Exchange (MPIE), Utah Medical Insurance Association, and more.

Curi offers CME-Eligible Webinars allowing physicians to earn AMA PRA Category 1 Credits.

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8. Applied Medico-legal Solutions RRG (AMS RRG)

AM Best Rating: A- (Excellent)

  • In operation since 2003
  • Deep claims and underwriting knowledge
  • Physician ownership model

AMS RRG, Inc. is registered in all 50 states plus DC, delivering medical malpractice insurance solutions to doctors and surgeons in nearly every specialty. During the past 20 years, AMS RRG has grown to over $85 million in written premiums for Medical Professional Liability Insurance.

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9. COPIC Group

AM Best Rating:  A (Excellent)

  • Founded by doctors
  • 24/7 risk management hotline
  • On-site risk assessments

COPIC is the top medical malpractice insurance provider in Colorado, offering admitted malpractice coverage in 12 states and COPIC RRG coverage in nearly every state across the U.S. Established in 1981 by doctors, COPIC now serves over 21,000 physicians and more than 300 medical facilities and hospitals.

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10. Hudson Insurance Group

AM Best Rating: A+ (Superior)

  • In operation for 100+ years
  • Financially secure
  • Broad risk appetite
  • The underwriting scope includes surgery centers

Hudson Insurance Group (HIG) furnishes medical malpractice insurance underwritten on a non-admitted claims-made basis. HIG maintains an aggressive claim defense philosophy, settling indefensible cases quickly and fighting defensible cases forcefully. 

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Find the Best Medical Malpractice Insurance For Your Specific Practice

While online research into a provider’s AM Best rating and financial strength are powerful first steps, a reputable broker specializing in medical malpractice can support your search with provider-specific context and expertise regarding the liability profile of your surgical field of practice. With negotiation support and analytical guidance, a broker ensures you get the best coverage at the best price. 

At SURGPLI, we help surgeons get the exact coverage they need from the best available A-rated medical malpractice insurance carrier. We pride ourselves on low rates and sky-high customer service. 

To speak with a knowledgeable malpractice insurance broker committed to serving your best interests, email info@medpli.com or call our Illinois office at 800-969-1339.

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Top 10 Medical Malpractice Insurance Companies for Surgeons in 20252024-12-20T06:17:41+00:00

The State of Surgery
as a Career in 2025

2024-11-27T18:07:44+00:00

The field of surgery continues to evolve rapidly, influenced by shifting patient demographics, advancements in medical technology, and a growing demand for surgical interventions. In response to years of healthcare workforce shortages, the national employment landscape shows promise for surgeons, and recent data confirms that surgical specialties correspond to high demand, high salaries, and a high impact on public health.

This article explores the current landscape and future career prospects for surgeons in 2025, highlighting the multifaceted professional benefits and opportunities and the challenges and liabilities associated with surgery.

What Do Surgeons Do?

  • Preoperative patient diagnosis
  • Patient operation
  • Postoperative patient care
  • Leadership over surgical team (i.e., fellow surgeons, anesthesiologists, nurses, surgeon’s assistants)

Where Do Surgeons Work?

According to the American College of Surgeons, standard workplace settings for a surgeon include:

  • Hospitals
  • Academic Medicine
  • Private Practice
  • Ambulatory Surgery Centers
  • Contract Assignments through a Staffing Agency
  • Institutional Practice
  • Government Service Programs
  • Military/Uniformed Services

Professional Advantages for Surgeons in 2025

After years of extensive education and training, surgeons offer an incredibly complex and rare skillset that saves lives every day. As such, surgeons play a crucial role across the healthcare sector and have access to many professional benefits.

For 2025 and beyond, the favorable outlook for surgeons predicates upon these contributing factors:

  1. Growing Market Value in the U.S.
    Based on the 2023 market size of $830 Billion, experts predict that the U.S. surgical procedures market will surpass $1 trillion around 2027 and climb to $1.52 trillion by 2033.

    These market growth predictions indicate that surgeons will have considerable flexibility and autonomy with employment opportunities in response to the high demand for their expertise.

Surgical procedures in the United States are expected to reach a $930 Billion market value in 2025 and $1.52 Trillion by 2033.
Source: Precedence Research

  1. Increasing Demand for Surgery
    According to the U.S. Bureau of Labor Statistics, surgeon employment is projected to increase by 4% between 2023 and 2033. The projected growth rate varies among specialties, as illustrated by the chart below:

    Projected employment growth rates for surgeons through 2033 range from 2-5% depending on subspecialty.
    Source: U.S. Bureau of Labor Statistics

    Why is the Demand for Surgeons Increasing?

    One of the most significant factors generating demand for surgeons is the aging global population, which correlates with increasing healthcare needs. In the U.S., this is primarily due to the predominance of the Baby Boomer generation in both the medical workforce and patient population.

    Key contributing factors:

    • Aging General Population
      According to the World Health Organization, the number of people aged 60 or older will increase by 34% from 2020 to 2030.

      An older population typically requires more surgical interventions, including orthopedic hip and knee replacements, interventional cardiology, and cataract surgeries. This explains why ophthalmologists’ and pediatric employment projections have the highest and lowest expected growth rates, respectively.

    • Aging Surgical Workforce
      Physicians aged 65+ currently represent 20% of the clinical physician workforce, and a significant portion will exit within the next decade.

      As more Baby Boomer surgeons reach retirement age, the Association of American Medical Colleges (AAMC) projects that the U.S. will face a physician shortage of up to 86,000 providers by 2036.

      Looking specifically at AAMC surgical provider data, by the end of 2022, 25.6% of surgeons were older than 65 years. That percentage is even higher for the subspecialties of Ophthalmology, Orthopaedic, Plastic, Thoracic, and Urology.

      This impending gap signifies ample growth opportunities for new surgeons entering the field and a potential avenue into leadership roles for experienced surgeons.

      The dark blue bar represents surgeons 65+ compared to their younger counterparts for every surgical specialty except Sports Medicine.
      Source: American College of Surgeons
    • Expanded Patient Access

      In response to the COVID pandemic, telemedicine infrastructure and acceptance within healthcare strengthened rapidly and continue to impact patient access today. Surgeons can now offer remote patient consultations to a broader population. Specialist healthcare teams are no longer bound by geography, encouraging virtual multidisciplinary collaboration to help patients anywhere in the country.

      Some local governments and healthcare organizations have offered incentives to attract and retain surgeons, such as scholarships, loan forgiveness, and relocation or housing support, to improve healthcare accessibility in underserved regions further.

  2. Groundbreaking Innovations
    As advancements in medical technology continue to flourish, surgeons will have exciting new methods and protocols to explore in 2025. Many of these innovations offer high-precision, minimally invasive approaches that have the potential to reduce patient recovery time and mitigate medical malpractice risk for providers.

    Examples include:
    • Robotic Surgery

      Robotic systems, such as the widely popular da Vinci Surgical System, allow for smaller incisions, greater precision, and faster patient recovery times.

    • Artificial Intelligence

      AI algorithms can assist surgeons with preoperative planning, interpretation of patient imaging, and real-time analytics or navigation assistance during an operation, potentially reducing surgery time and improving efficiency.

    • Virtual & Augmented Reality (VR & AR)

      VR simulators create a realistic training environment for surgeons that poses zero risk to human patients. Studies have shown that VR training can improve procedural accuracy compared to traditional methods, leading to better patient outcomes and reduced liability risk for the surgeon.

      In the operating room, AR overlays of patient data and 3D anatomical models can be projected directly onto the surgery site, helping surgeons make accurate, data-driven decisions in real time.

  3. High Earning Potential
    According to the Medscape Physician Compensation Report 2024, surgeons remain among the highest-paid healthcare providers due to their specialized skills and high level of responsibility. However, individual salaries vary based on specialty, years of experience, and geography.

    Orthopedics, Plastic Surgery, Cardiology, Urology, and Gastroenterology ranked as the top 5 specialties according to average annual earnings.

    Source: 2024 Medscape Physician Compensation Report

    Specialist compensation gains ranged from +11% to -13%.
    Source: 2024 Medscape Physician Compensation Report

    Highlights from the 2024 report include:

    • Surgical salary growth outpaces nonsurgical salaries.
      Between 2022 and 2023, total compensation for surgical specialists increased by 4.4%, while nonsurgical specialist compensation rose by less than 2%.
    • Orthopedic surgeons are the highest-paid subspecialty.
      Subspecialties like orthopedic surgery and plastic surgery command the highest salaries, followed closely by general surgeons, OB/GYNs, and neurosurgeons.
    • Salary trends differ based on specialty.
      Though plastic surgeons earn the second highest average salary, the specialty experienced the largest downward trend, 13%.
    • Local demand and competition levels impact earning potential.
      Surgeons are well-compensated in underserved regions with high demand and low competition, though urban hubs also offer high salaries due to cost of living levels.

The West North Central and East South Central regions largely consist of rural communities where physician competition is low, driving up salaries to attract and retain talent.
Source: 2024 Medscape Physician Compensation Report

Professional Challenges for Surgeons in 2025

In 2025, in addition to the inherent challenges of a demanding career in healthcare, surgeons will potentially face obstacles related to recent industry trends, regulatory changes, and malpractice litigation precedents.

    1. Rigorous Commitment
      Becoming a surgeon is long and hard, requiring intense time commitments and deep financial investments to obtain the necessary education, training, and credentials.

      Surgeons typically follow this process before they can practice medicine independently:

      Board-certified surgeons dedicate 14+ years to their training and education.

      A commitment of this length and vigor requires personal sacrifice, often at the cost of work/life balance during the most intense phases. However, emerging trends such as mentorship programs, loan forgiveness policies, and VR-assisted training programs show promise for revolutionizing the process.

    2. Disruptive Regulatory Changes
      State and federal regulatory policies focusing on patient safety, quality of care, and financial reimbursement are influencing surgical practice in a variety of ways, such as:
      • Value-Based Care Payment Model
        As the fee-for-service model shifts to a value-based care model that directly links reimbursement amounts with patient outcomes, surgeons are held more accountable for the safety and quality of their care.
      • Reproductive Care
        For OB/GYNs surgeons specifically, abortion-legislation can complicate patient care as well as liability exposure depending on the state in which they practice. As such, OB/GYNs must navigate a complex and evolving situation to minimize professional liability while delivering safe, compliant care to pregnant women.

        According to the March of Dimes, a maternal and infant health non-profit, OB/GYN shortages are more pronounced in states that prohibit abortion in comparison to states where abortion is less regulated, leaving 1 in 3 U.S. counties with enough obstetric surgeons to provide maternal care.

        For OB/GYNs in the less-regulated states, this can lead to an increase in out-of-state and remote patients, which requires careful attention to state legal requirements and malpractice coverage parameters.

      • Decreased Medicare Reimbursements
        For the 5th year, the Centers for Medicare and Medicaid Services (CMS) has decreased the conversion factor for Medicare physician reimbursement. Effective January 1, 2025, surgeons will be subject to a 2.83% cut to Medicare reimbursement payments, bringing the total decrease to 10% since 2020.
    3. High-Risk, High-Liability Field
      The medical malpractice statistics of 2024 demonstrate the high liability landscape for surgeons:
      • Surgical errors account for 25% of all negligent provider claims.
      • Surgeons are most likely to be sued for malpractice.
      • High-risk specialties are most vulnerable to medical malpractice claims and lawsuits:
        • OB/GYNs
        • Neurosurgeons
        • Bariatric Surgeons
        • Orthopedic Surgeons
        • Plastic Surgeons
        • General Surgeons

Malpractice insurance premiums are expected to keep climbing in 2025.

Projected rate increases reflect the substantial risks of surgery and recent escalations in legal defense fees, social inflation, and nuclear payouts.

Safeguard Your Career with Premier Liability Coverage

SURGPLI brokers specialize in finding affordable, robust coverage for surgeons in high-risk specialties who are often targets for medical malpractice lawsuits. 

By securing comprehensive malpractice insurance coverage, surgeons can focus on helping patients address the growing demand for surgical expertise without worrying about professional liability exposure.

Which insurance carrier offers the best rates for your location & specialty?

Find out now by contacting a SURGPLI broker for a free consultation & quote. 

Email info@SURGPLI.com or call 800-969-1339 to speak with someone in our Illinois office.

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The State of Surgery
as a Career in 20252024-11-27T18:07:44+00:00

OB/GYN Medical Malpractice Insurance: How to Align Your Liability Coverage with Abortion Legislation

2024-11-27T18:08:02+00:00

Recent shifts in state and federal abortion legislation have significantly impacted the practice of obstetrics and gynecology (OB/GYN) in the United States. At the intersection of healthcare and law, OB/GYNs must navigate a complex landscape to minimize liability while delivering safe, compliant care. This evolving regulatory environment shapes medical malpractice and access to care, highlighting the need for robust malpractice insurance.

This article examines the impact of abortion legislation on OB/GYNs and offers six key malpractice insurance considerations to protect against liability risks. Consider these policy features to safeguard your practice and minimize liability exposure.

How Recent Abortion Legislation Creates Challenges for OBGYNs

In 2022, the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade, ending federal protection of abortion rights and returning regulations to individual states.

As a result, abortion laws vary significantly across the country. While some states maintain broad access, others have instituted abortion bans or restrictive measures. These restrictions may include mandatory counseling, ultrasound requirements, or waiting periods before an abortion can be performed, creating a complex and varied legal landscape for reproductive care in the U.S.

A disjunct legal environment presents many challenges for OB/GYNs, including:

  • Clinical Implications
    Restrictions on abortion services extend beyond elective procedures, influencing treatment plans for ectopic pregnancies, miscarriage management, and other cases where pregnancy termination is medically necessary.OB/GYNs face the complex dichotomy of managing clinical practices, treatments, and medications that comply with the medical standards of care without violating state and federal law.
  • Legal Ambiguity
    Lack of awareness about current abortion laws is not a defense against legal or liability claims, making it crucial for physicians to stay up-to-date on federal or state regulations affecting obstetric and gynecological restrictions or standards of care.
  • Internal Conflict
    Some physicians might struggle with their state’s stance on abortion and how it contextualizes the patient-provider relationship or their professional obligation to provide zero-harm, evidence-based care.
  • Risk Factor
    As a high-risk medical specialty, OB/GYN practices may see their risk profiles reevaluated by insurers, considering the new complexities introduced by state-mandated maternal and fetal health regulations.

Abortion Laws Impact OB/GYN Practices & Patient Access to Care

The reversal of Roe v Wade and subsequent patchwork of state abortion laws can impact how and where OB/GYNs choose to provide reproductive care. Restrictive abortion laws can increase liability exposure for physicians while complicating healthcare access for some patients. As such:

  • OB/GYN shortages are more substantial in states that prohibit abortion.
    According to a 2024 report released by the maternal and infant health non-profit March of Dimes, 1 in 3 U.S. counties lack obstetric physicians to provide care, and states that prohibit abortion have fewer OBGYNs for every 10,000 births in comparison to states where abortion is less regulated.
  • Patients are crossing state lines for OB/GYN care.
    Because legal jurisdiction is established based on the patient’s location, OB/GYNs who treat out-of-state patients can be exposed to additional liability risks. Providers must comply with the state laws of the patient’s state and the state(s) that issued their medical license. This becomes particularly important regarding state-specific definitions of informed consent, a common driver of medical malpractice claims.
  • Telemedicine allows OB/GYNs to treat patients in multiple states.
    Medication abortions can be prescribed remotely via telemedicine, allowing OB/GYNs to offer consultations and prescription services in restrictive states. However, significant legal and malpractice implications must be considered:

    • OB/GYN must be licensed in the state where the patient is located during the consultation.
    • Medication abortion prescriptions are subject to additional federal & state regulations.
    • Informed consent requirements for the patient AND provider must be met to adhere to standards of care.

How Medical Malpractice Insurance Can Protect OB/GYNs Against Regulatory Changes

Given the frequent and unpredictable nature of legislative changes, it is crucial that OB/GYNs proactively manage their medical malpractice insurance to ensure adequate protection.

These considerations can help reduce liability exposure for you & your practice:

  1. Review Insurance Coverage Details
    OB/GYNs should carefully review their current medical malpractice policy to understand exactly what is or isn’t covered by the insurance provider, particularly regarding abortion services and telemedicine. Some policies contain exclusions for specific procedures or treatments, so ensure all your practice offerings are covered.

    • Policy Limits: With the potential for significant financial damages in lawsuits related to pregnancy and abortion services, higher policy limits may be advisable.
    • Telemedicine Coverage: Confirm that the malpractice insurance policy explicitly covers remote telemedicine services, including interstate consultations and medications.

With a SURGPLI broker as your single point of contact , OB/GYNs can save time and effort comparing a wide range of policies, carriers, and rates.

  1. Evaluate Policy Endorsements & Riders
    For extra protection and peace of mind, consider adding an endorsement or rider to a new or existing policy that explicitly covers telemedicine services and/or out-of-state practice, depending on your location and services.

    • Criminal Defense Coverage: In some states, under certain circumstances, performing an abortion may carry criminal penalties. Medical malpractice policies don’t typically cover criminal defense, but some insurers offer an optional rider or endorsement covering criminal defense costs.
  2. Select an A.M. Best A-Rated Carrier
    A-rated medical malpractice insurance companies have a strong reputation for financial stability and legal representation for policyholders in lawsuits. Focus on insurance providers specializing in medical malpractice for OB/GYNs, understanding the risks associated with reproductive healthcare.
  3. Legal Support
    Choose a policy that offers robust legal support in the event of a claim or lawsuit, specifically for legal defense against alleged violations of state abortion laws and disciplinary actions by state medical boards.
  4. Planning to Relocate?
    If you’re considering moving your practice to a new state, tail insurance can help you avoid gaps in coverage and protect against future claims that might arise from care delivered at your original location.
  5. Stay Informed
    Keep yourself up-to-date on any changes in state laws or malpractice insurance regulations. Continuing medical education (CME) seminars focused on reproductive health and/or malpractice risk management can support this effort.

Prepare Today for the Legislation of Tomorrow

By securing comprehensive medical malpractice coverage and understanding the legal implications of treating patients across state lines, OB/GYNs can deliver quality women’s health and reproductive care while minimizing legal and professional liability.

SURGPLI brokers specialize in securing robust coverage for OB/GYN physicians and surgeons in high-risk specialties who are often targets for medical malpractice lawsuits

Will your current malpractice policy be enough if your state reverses or passes new legislation on abortion?

Find out now by contacting a SURGPLI broker for a free consultation & quote, or call us at 800-969-1339.

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OB/GYN Medical Malpractice Insurance: How to Align Your Liability Coverage with Abortion Legislation2024-11-27T18:08:02+00:00

Arizona Surgeons Medical Malpractice Insurance Buying Guide 2024

2024-11-27T18:08:13+00:00

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Choose SURGPLI as Your Medical Malpractice Insurance Broker

If you are a physician needing medical malpractice coverage in Arizona, MEDPLI will work for you as your only trusted broker. Use the information in this 2024 Buying Guide to get ready to discuss your medical malpractice insurance needs with a MEDPLI broker. Get a quote.

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Medical Malpractice Insurance

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Arizona Medical Professional Liability Insurance Market Summary

The Arizona medical malpractice insurance market is dominated by one carrier, MICA (Mutual Insurance Company of Arizona), but there are other great options for physicians which offer excellent coverage, greater portability (if you move states, for example), and pricing. We recommend carriers rated “A” by A.M. Best because of their long-term financial solvency and a history of providing robust financial and legal support for Arizona physicians.

Some of the top-rated medical malpractice insurance companies serving Arizona physicians include:

  • Norcal Group (A Part of ProAssurance)
  • AMS RRG
  • Coverys Group
  • MedPro Group
  • The Doctors Company
  • Admiral Insurance Co
  • ProAssurance

Save time and effort by getting a wide range carrier quotes through MEDPLI as your single point of contact. You can get a quote through us today.

Malpractice Insurance Rates for Arizona Doctors

This information includes general estimated premiums which can vary greatly based on many factors, such as practice location, medical/surgical specialty, and past claims history. Talk to a MEDPLI broker to get quotes tailored to your unique coverage needs.

Specialty Approximate Rate
Anesthesiology $28,000
Cardiovascular Disease Minor Surgery $31,000
Emergency Medicine $38,000
Family Practice No Surgery $18,000
Gastroenterology $26,000
General Surgery $51,000
Internal Medicine No Surgery $18,000
Neurology No Surgery $18,000
Obstetrics and Gynecology Major Surgery $69,000
Occupational Medicine $12,000
Ophthalmology No Surgery $12,000
Orthopedic Surgery No Spine $48,000
Pediatrics No Surgery $18,000
Psychiatry $15,000
Radiology – Diagnostic $29,000
Plastic Surgery $45,000

*Using the AZ standard limits of $1,000,000 Each Claim / $3,000,000 Aggregate per year in coverage.

Each practice risk profile is different, and your rates could vary significantly. MEDPLI specializes in medical malpractice insurance and tail insurance coverage for Arizona physicians and surgeons. To get estimates based on your specific scenario, reach out for a personalized quote. Get a quote.

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Arizona Medical Malpractice Insurance

Types of Professional Liability Insurance for Arizona Physicians

Here is a brief overview of the most common types of medical malpractice insurance for physicians in Arizona:

Claims-Made Insurance
Claims-made malpractice insurance provides coverage if the policy is in effect when the incident took place AND when the claim is filed. If a claim is filed after the end of the policy date, the claim is NOT covered. With a claims-made policy you need tail malpractice insurance, which is a separately purchased insurance policy or endorsement, to make sure you have full protection. Learn more about claims-made insurance here.

Occurrence Insurance
Occurrence malpractice insurance provides coverage for incidents that occurred during the policy year, regardless of when a claim is reported to the carrier. Occurrence policies are more costly at the start of the policy, but the rate stays the same for the length of the policy, and there is no need for tail coverage when the policy ends. Read more about occurrence insurance.

Tail Insurance

Since most malpractice insurance policies are underwritten on a claims-made basis, you will be exposed to a lawsuit if a former patient files a claim against you and you do not secure tail coverage. When you are preparing to leave your employer, you should seek tail coverage options with an independent broker like MEDPLI. Tail insurance covers you for a specific time period. The new employer’s policy is not going to cover you for prior acts of a former practice, hence tail coverage is needed. Read more about tail malpractice insurance for physicians.

Reach out to an experienced MEDPLI broker who will work for you to find a tail policy at a great price.

Telehealth Laws in Arizona

The state created the Arizona Telemedicine Program (ATP) at the University of Arizona in 1996. Since then, because of the robust support that ATP has been able to provide, multiple medical specialty services are offered via telemedicine to Arizona’s rural areas. Healthcare systems across Arizona have been able to benefit from the state’s early focus on telehealth as an emerging technology.

In May 2021, Arizona Governor Doug Ducey signed A.R.S. 36-3606 into law, allowing physicians licensed in other states to obtain a temporary license to provide telehealth services in Arizona if they comply with certain conditions. Out-of-state physicians practicing telemedicine in Arizona must provide proof of licensing in their home state, as well as proof of liability coverage, among other requirements.

Currently, Arizona’s telehealth laws mandate that Arizona physicians must:

  • Be licensed to practice medicine in the State of Arizona.
  • Be in compliance with the Arizona’s requirements regarding the maintenance of liability insurance.
  • Obtain verbal or written informed patient consent prior to the telehealth virtual visit.
  • Ensure that the patient’s verbal or written consent, plus notes on the telehealth services provided, are entered in the patient’s medical record.

Doctors that take care of patients via telehealth are subject to the same liabilities as with in-person treatment. Reach out to a MEDPLI insurance broker to make sure your existing medical malpractice policy extends coverage to perform telehealth services in Arizona.

Arizona’s Statute of Limitations for Medical Malpractice Claims

The statute of limitations for medical malpractice in Arizona can be complex and can vary from case to case. Consulting with MEDPLI insurance brokers who understand the ins and outs of this system is an important part of protecting your medical practice with strong medical malpractice insurance coverage.

Medical Malpractice Insurance Outcomes

The total malpractice payout in Arizona was $43,610,000 as of 9/30/2023 (Source: National Practitioner Data Bank).

Need Medical Malpractice Insurance in Arizona? Request a Quote Today

Keep in mind, however, that Arizona does not have damage caps in medical malpractice lawsuits. That’s why Arizona physicians and surgeons – especially those who practice in higher-risk specialties – need strong medical malpractice insurance. Talk to a SURGPLI insurance broker who will help you shop for competitive quotes on robust coverage aligned with your specialty.

Get a fast quote for medical malpractice insurance or call 1-800-969-1339.

SURGPLI is a division of MEDPLI, an independent insurance brokerage that specializes in making medical malpractice insurance simple for doctors.

Max Schloemann

About the Author

Max Schloemann is a medical malpractice insurance broker, focused on helping physicians secure Medical Professional Liability coverage. He helps Doctors and Surgeons, as well as Physician Assistants, Nurse Practitioners, and healthcare entrepreneurs launch new medical practices across the country. Max graduated Magna cum Laude from Southern Illinois University College of Business and was named the Outstanding Management Senior. Max’s career in medical malpractice insurance began in 2008 with an industry-leading firm. Max founded SURGPLI in 2023 to help surgeons navigate the complexities of medical malpractice insurance in the new era of healthcare. Max’s wife, Kristen, a Physician Assistant, and their 4 kids (plus 1 dog) enjoy hiking, golf, and cooking.

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Arizona Surgeons Medical Malpractice Insurance Buying Guide 20242024-11-27T18:08:13+00:00

Missouri Surgeons 2024 Buying Guide to Medical Malpractice Insurance

2024-11-27T18:08:27+00:00

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Medical Malpractice Insurance

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Missouri Surgeons 2024 Buying Guide to Medical Malpractice Insurance

If you are a surgeon needing medical malpractice insurancwe in Missouri, SURGPLI will work for you as your only trusted broker. Our brokers have deep knowledge of Missouri’s medical malpractice insurance marketplace, plus they stay up-to-date on the state’s legislation and tort reforms that affect rates and coverage requirements for your surgical specialty. Use the information in this 2024 Buying Guide to get ready to discuss your medical malpractice insurance needs with a SURGPLI broker.

With no caps on economic damages, and high non-economic caps set to increase yearly in Missouri, general surgeons – and particularly those in high-risk specialties such as OB/GYN, bariatric surgery, and orthopedic surgery – need robust medical malpractice coverage. An independent SURGPLI broker will work with you to find the right coverage and carrier at a competitive rate.

2024 Medical Malpractice Coverage and Rates for Missouri

Surgeons in Missouri are not required by law to obtain medical malpractice insurance. However, SURGPLI advises Missouri surgeons to secure and maintain strong medical malpractice coverage to reduce risk to the practice and protect against personal financial loss if sued – including high-dollar attorney’s fees and monetary damages awarded to plaintiffs.

Missouri Estimated Malpractice Insurance Rates by Specialty

Each carrier uses its own proprietary methods of setting rates, which vary among carriers and specialties. Each malpractice insurance policy is underwritten individually, but the following are approximate rates across all Missouri locations to give you an idea of costs by high-risk specialty.

Specialty Approximate Claims Made Rate Approximate Tail Rate Approximate Occurrence Rate
General Surgery $50,000 $100,000 $60,000
Obstetrics and Gynecology Major Surgery $70,000 $140,000 $80,000
Orthopedic Surgery No Spine $45,000 $90,000 $55,000
Orthopedic Surgery Spine $60,000 $120,000 $70,000
Plastic Surgery $50,000 $100,000 $60,000
Bariatric Surgery $70,000 $140,000 $80,000
Neurosurgery $80,000 $160,000 $90,000

*Using the MO standard limits of $1,000,000 Each Claim / $3,000,000 Aggregate per year in coverage.

Some Missouri healthcare facilities may require surgeons to carry medical malpractice insurance to have admitting privileges.

Also, if you need tail insurance coverage as a contracted surgeon changing jobs, you may need more coverage than the minimum required by your hospital. SURGPLI specializes in both medical malpractice insurance and tail insurance coverage for Missouri surgeons, so contact us for a personalized quote based on your unique needs.

Get a quote.

Get Medical Malpractice Insurance Quotes from A-rated Carriers Serving Missouri

Surgeons in Missouri have many good options for medical liability insurance. SURGPLI recommends carriers rated “A” by A.M. Best. These companies are A-rated because of their long-term financial solvency and a history of providing robust legal support for Missouri surgeons. Some of the top carriers include:

  • MedPro Group
  • The Doctors Company
  • ISMIE Group
  • ProAssurance
  • NORCAL Group (A Part of ProAssurance)
  • Coverys Group

Save time and effort by getting a wide range of A-rated carrier quotes through SURGPLI as a single point of contact. Get a quote with us today.

GET A QUOTE TODAY

Save time and effort by getting a wide range of A-rated carrier quotes through SURGPLI as a single point of contact.

Types of Professional Liability Insurance for Missouri Surgeons

 

Here is a brief overview of the most common types of medical malpractice insurance for surgeons in Missouri:

Claims Made Insurance

Claims-made malpractice insurance provides coverage if the policy is in effect both when the incident took place AND when the claim is filed. If a claim is filed after the end of the policy date, the claim is NOT covered.

With a claims-made policy you need tail malpractice insurance, which is a separately purchased insurance policy or endorsement, to make sure you have full protection.

Claims-made insurance policies “step up” as they mature, so the first year rate is lower than subsequent years.

Occurrence Insurance

Occurrence malpractice insurance provides coverage for incidents that occurred during the policy year, regardless of when a claim is reported to the carrier. 

Occurrence policies are more costly at the start of the policy, but the rate does not “step up”, and there is no need for tail coverage when the policy ends.

Tail Insurance

Since most malpractice insurance policies are underwritten on a claims-made basis, you will be exposed to a lawsuit if a former patient files a claim against you and you do not secure tail coverage.

When you are preparing to leave your employer, you should seek tail coverage options with an independent broker like SURGPLI. Tail insurance covers you for a specific time period. The new employer’s policy is not going to cover you for prior acts of a former practice, hence tail coverage is needed.  

Read more about tail malpractice insurance. 

Reach out to an experienced SURGPLI broker who will do the work for you to find a tail policy at a great price.

Understand Your Risk of Malpractice Claims in Missouri

Missouri has no caps on economic and non-economic damages, which makes surgeons more vulnerable to personal financial loss if they do not have strong medical malpractice coverage. Note that the total medical malpractice payout in Missouri was $56,998,750 in 2022.

Here are some of the most common iatrogenic patient injuries that have been named in medical malpractice lawsuits against surgeons practicing in high-risk specialties:

Neurosurgery – Claims relating to laminectomy surgeries (anterior cervical fusion and posterior lumbar fusion), including: improper performance of surgery, retained foreign body, delay in surgery, and unnecessary surgery.

Bariatric Surgery – Lack of identifying and treating complications of laparoscopic sleeve gastrectomy; and bowel perforation during surgery.

Orthopedic Surgery – Post-operative implant and prosthesis infections; sciatic nerve injury in hip replacements; deep vein thrombosis developing into pulmonary embolism.

OB/GYN Surgery – Birth injuries caused by improper use of medical devices or techniques; profound brain injuries at birth; misdiagnosis or delayed diagnosis of fetal distress.

Plastic Surgery – Improper performance and poor outcomes of higher-risk elective cosmetic surgeries; surgical errors and negligence regarding post-operative infections, bad facial filler injections, uneven breast augmentations, and visible scarring.

General Surgery – Surgical errors, such as when surgery is performed on the wrong body part, or when a sponge or surgical instrument is left in the patient’s body leading to a post-operative complication or death; or failing to close a bleeding vein or artery.

Check out the SURGPLI Medical Malpractice Insurance Blog for articles that discuss ways private practice surgeons can best manage the risk of being sued for malpractice, as well as other information on medical malpractice insurance trends and legislation.

Tort Reform in Missouri

Notable tort reforms in Missouri include:

  • IThe state enacted its first cap on damages in 1986 after insurance premiums increased by a whopping 131% in 1981. In the early 2000’s, premiums began to creep up again, and several large insurance carriers either became insolvent or left the state market.
  • After a decade and a half of legislation aimed at bringing medical providers back into the state, lawmakers passed bipartisan legislation in 2015 that capped non-economic damages for both catastrophic and non-catastrophic injuries.
  • In 2021, Missouri’s State Supreme Court reviewed the 2015 legislation and ruled that the non-economic damage caps do not violate Missouri’s constitution.

Missouri’s Damage Caps on Medical Malpractice Lawsuits

  • There are no caps on economic damages or punitive damages in Missouri’s medical malpractice cases.
  • Missouri passed a law in 2015 capping non-economic damages in medical malpractice cases at $400,000 for non-catastrophic injuries and $700,000 for catastrophic injuries, with an annual 1.7 percent increase each year indefinitely. For example:

Year

Non-Catastrophic Cap Catastrophic Cap
2023

$457,749

$801,061
2024

$465,531

$814,679

2025

 $473,445

$828,529
  • Catastrophic injuries are defined by state law as “an injury resulting in quadriplegia, paraplegia, the loss of two or more limbs, significant and permanent cognitive impairment, irreversible failure of a major organ, or significant loss of vision.”

Missouri’s Statute of Limitations for Medical Malpractice Claims

The following guidelines outline the state’s statute of limitations:

  • An individual in Missouri is required to file a medical malpractice claim within two years from the date of injury or date of discovery (or date of reasonable discovery).
  • The state has a “statute of repose” law in place stating that all medical malpractice cases must be filed within 10 years.
  • Minors have until their 20th birthday to file a medical malpractice claim, whichever is later.
  • Missouri state law also requires plaintiffs to file an affidavit of merit with the court within 90 days of filing a malpractice complaint. This affidavit must be signed by a qualified expert witness, agreeing that the defendant’s deviation from the standard of care resulted in the claimant’s injury.

The statutes of limitations for medical malpractice can be complex and can vary from case to case. Consulting with SURGPLI brokers who understand the ins and outs of this system is an important part of protecting your medical practice with the right amount of medical malpractice insurance coverage.

Need Medical Malpractice Insurance in Missouri? Request a Quote Today

Reach out to SURGPLI to ensure you have strong medical malpractice coverage for your private surgical practice in Missouri. Also, we help contracted surgeons secure tail coverage when changing jobs. Whether you’re a bariatric surgeon in Kansas City, a plastic surgeon in St. Louis, or an OB/GYN in Springfield, SURGPLI brokers will help you obtain coverage from an A-rated carrier.

Max Schloemann

About the Author

Max Schloemann is a medical malpractice insurance broker, focused on helping physicians secure Medical Professional Liability coverage. He helps Doctors and Surgeons, as well as Physician Assistants, Nurse Practitioners, and healthcare entrepreneurs launch new medical practices across the country. Max graduated Magna cum Laude from Southern Illinois University College of Business and was named the Outstanding Management Senior. Max’s career in medical malpractice insurance began in 2008 with an industry-leading firm. Max founded SURGPLI in 2023 to help surgeons navigate the complexities of medical malpractice insurance in the new era of healthcare. Max’s wife, Kristen, a Physician Assistant, and their 4 kids (plus 1 dog) enjoy hiking, golf, and cooking.

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Missouri Surgeons 2024 Buying Guide to Medical Malpractice Insurance2024-11-27T18:08:27+00:00

Tennessee Surgeons 2024 Buying Guide to Medical Malpractice Insurance

2024-11-27T18:08:39+00:00

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Medical Malpractice Insurance

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Tennessee Surgeons 2024 Buying Guide to Medical Malpractice Insurance

If you are a surgeon needing medical malpractice insurance in Tennessee, SURGPLI will work for you as your only trusted broker. Our insurance brokers have deep knowledge of Tennessee’s medical malpractice insurance marketplace, plus they stay up-to-date on the state’s legislation and tort reforms that affect rates and coverage requirements for your surgical specialty. Use the information in this 2024 Buying Guide to get ready to discuss your medical malpractice insurance needs with a SURGPLI broker.

With no cap on economic damages, and a $1 million cap on non-economic payouts for catastrophic injuries in Tennessee, surgeons practicing in the state need robust medical malpractice coverage. An independent MEDPI broker will work with you to find the right coverage and carrier at a competitive rate for your surgical specialty.

2024 Medical Malpractice Coverage and Rates for Tennessee

Surgeons in Tennessee are not required by law to obtain medical malpractice insurance. However, SURGPLI advises surgeons – especially in high-risk specialties – to secure and maintain strong liability coverage. Speak with a SURGPLI broker who will help you find the best coverage to reduce risk to your practice and protect against personal financial loss if sued.

Tennessee Estimated Malpractice Insurance Rates by Specialty

Each carrier uses its proprietary methods of setting rates, which vary among carriers and specialties. Each malpractice insurance policy is underwritten individually, but the following are approximate rates across all Tennessee locations to give you an idea of costs by high-risk specialty.

Specialty Approximate Claims Made Rate Approximate Tail Rate Approximate Occurrence Rate
General Surgery $40,000 $80,000 $50,000
Obstetrics and Gynecology Major Surgery $55,000 $110,000 $65,000
Orthopedic Surgery No Spine $30,000 $60,000 $60,000
Orthopedic Surgery Spine $50,000 $100,000 $60,000
Plastic Surgery $35,000 $70,000 $40,000
Bariatric Surgery $55,000 $110,000 $60,000
Neurosurgery $65,000 $130,000 $75,000

*Using the TN standard limits of $1,000,000 Each Claim / $3,000,000 Aggregate per year in coverage

Tennessee healthcare facilities typically require surgeons to carry medical malpractice insurance to have admitting privileges. The average requirement for coverage by Tennessee medical facilities is $1,000,000 per claim, $3,000,000 per year.

SURGPLI specializes in both medical malpractice insurance and tail insurance coverage for Tennessee surgeons, so contact us for a personalized quote based on your unique needs. We help surgeons when taking new contracts, changing jobs, and starting private surgical practices.

Get a quote.

Get Medical Malpractice Insurance Quotes from A-rated Carriers Serving Tennessee

Surgeons in Tennessee have many good options for medical liability insurance. SURGPLI recommends carriers rated “A” by A.M. Best. These companies are A-rated because of their long-term financial solvency and a history of providing robust legal support for Tennessee surgeons. Some of the top carriers include:

  • The Doctors Company
  • MedPro Group
  • State Volunteer Mutual Insurance Co.
  • ProAssurance
  • Coverys Group
  • ISMIE Group
  • Liberty Mutual Group

Save time and effort by getting a wide range of A-rated carrier quotes through SURGPLI as a single point of contact. Get a quote with us today.

GET A QUOTE TODAY

Save time and effort by getting a wide range of A-rated carrier quotes through SURGPLI as a single point of contact.

Types of Professional Liability Insurance for Tennessee Surgeons

 

Here is a brief overview of the most common types of medical malpractice insurance for surgeons in Tennessee:

Claims Made Insurance
Claims-made malpractice insurance provides coverage if the policy was in effect when the incident took place AND when the claim was filed. If a claim is filed after the end of the policy date, the claim is NOT covered. With a claims-made policy, you need tail malpractice insurance, which is a separately purchased insurance policy or endorsement, to ensure full protection. Claims-made insurance policies “step up” as they mature, so the first-year rate is lower than subsequent years.

Occurrence Insurance
Occurrence malpractice insurance provides coverage for incidents that occurred during the policy year, regardless of when a claim is reported to the carrier. Occurrence policies are more costly at the start of the policy, but the rate does not “step up”, and there is no need for tail coverage when the policy ends.

Tail Insurance
Since most malpractice insurance policies are underwritten on a claims-made basis, you will be exposed to a lawsuit if a former patient files a claim against you and you do not secure tail coverage. When preparing to leave your employer, you should seek tail coverage options with an independent broker like SURGPLI. Tail insurance covers you for a specific time period. The new employer’s policy won’t cover you for prior acts of a former practice, hence tail coverage is needed. Read more about tail malpractice insurance.

Reach out to an experienced SURGPLI broker who will work for you to find a tail policy at a great price.

Understand Your Risk of Malpractice Claims in Tennessee

While Tennessee has enacted medical malpractice tort reforms capping payouts for pain and suffering, the state does not limit the dollar amount of economic damages paid to plaintiffs. That’s just one reason why surgeons must have robust medical malpractice coverage. The total medical malpractice payout in Tennessee was $25,760,000 in 2022. Here are some of the most common iatrogenic patient injuries that have been named in medical malpractice lawsuits against surgeons practicing in high-risk specialties:

Neurosurgery – Claims relating to laminectomy surgeries (anterior cervical fusion and posterior lumbar fusion), including improper performance of surgery, retained foreign body, delay in surgery, and unnecessary surgery.

Bariatric Surgery – Lack of identifying and treating complications of laparoscopic sleeve gastrectomy; and bowel perforation during surgery.

Orthopedic Surgery – Post-operative implant and prosthesis infections; sciatic nerve injury in hip replacements; deep vein thrombosis developing into pulmonary embolism.

OB/GYN Surgery – Birth injuries caused by improper use of medical devices or techniques; profound brain injuries at birth; misdiagnosis or delayed diagnosis of fetal distress.

Plastic Surgery – Improper performance and poor outcomes of higher-risk elective cosmetic surgeries; surgical errors and negligence regarding post-operative infections, bad facial filler injections, uneven breast augmentations, and visible scarring.

General Surgery – Surgical errors, such as when surgery is performed on the wrong body part, or when a sponge or surgical instrument is left in the patient’s body leading to a post-operative complication or death; or failing to close a bleeding vein or artery.

Check out the SURGPLI Medical Malpractice Insurance Blog for articles that discuss ways private practice surgeons can best manage the risk of being sued for malpractice, as well as other information on medical malpractice insurance trends and legislation.

Tort Reform in Tennessee

Notable tort reforms in Tennessee include:

  • In 2008, Tennessee passed legislation requiring that providers receive written notice within 60 days of a claim, plus a “certificate of good faith clause”, which backs up the merit of the claim by an expert witness
  • In 2011, Governor Bill Haslam, in office at the time, signed the Tennessee Civil Justice Act of 2011. This legislation introduced several malpractice-related statutes, setting caps on noneconomic and punitive damages and introducing the state to comparative fault. If more than one defendant is found to be at fault for damages, the defendants will bear a proportionate share of damages.
  • As with many states across the country, tort reform in Tennessee is constantly challenged in court. The Tennessee Supreme Court continues to examine cases that question whether caps on non-economic and punitive damages violate the Tennessee Constitution.

Tennessee’s Damage Caps on Medical Malpractice Lawsuits

There is no cap on economic damages paid to plaintiffs in medical malpractice lawsuits in Tennessee. 

Tennessee does have a cap on non-economic medical malpractice damages, with the following stipulations:

  • Non-economic damages are capped at $750,000 per claim.
  • The cap for non-economic damages increases to $1 million if the injury is catastrophic (paralysis, wrongful death, etc.).
  • If more than one defendant is found to be at fault for damages, the defendants bear a proportionate share of damages.
  • Punitive damages are capped at “an amount not to exceed the greater of twice the total of compensatory damages, or $500,000, whichever is greater.”

Tennessee’s Statute of Limitations for Medical Malpractice Claims

The following guidelines outline the state’s statute of limitations for medical malpractice claims:

  • A person in Tennessee has one year after discovering the injury to file a medical malpractice claim.
  • Malpractice claims must be filed within three years of when the incident occurred.
  • If the injury involves a foreign object left inside the body or fraud, there is no filing time limit for when the incident occurred.

The statutes of limitations for medical malpractice can be complex and vary from case to case. Consulting with SURGPLI brokers who understand the ins and outs of this system is an important part of protecting your medical practice with the right amount of medical malpractice insurance coverage.

Need Medical Malpractice Insurance in Tennessee? Request a Quote Today

Reach out to SURGPLI to ensure you have strong medical malpractice coverage for your private surgical practice in Tennessee. Also, we help contracted surgeons secure tail coverage when changing jobs. Whether you’re a bariatric surgeon in Nashville, an OB/GYN in Memphis, or an orthopedic surgeon in Knoxville, SURGPLI brokers will help you obtain coverage from an A-rated carrier.

Max Schloemann

About the Author

Max Schloemann is a medical malpractice insurance broker, focused on helping physicians secure Medical Professional Liability coverage. He helps Doctors and Surgeons, as well as Physician Assistants, Nurse Practitioners, and healthcare entrepreneurs launch new medical practices across the country. Max graduated Magna cum Laude from Southern Illinois University College of Business and was named the Outstanding Management Senior. Max’s career in medical malpractice insurance began in 2008 with an industry-leading firm. Max founded SURGPLI in 2023 to help surgeons navigate the complexities of medical malpractice insurance in the new era of healthcare. Max’s wife, Kristen, a Physician Assistant, and their 4 kids (plus 1 dog) enjoy hiking, golf, and cooking.

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Tennessee Surgeons 2024 Buying Guide to Medical Malpractice Insurance2024-11-27T18:08:39+00:00

What Types of Surgeons Make the Most Money?

2024-11-27T18:08:52+00:00

Annual compensation for physicians and surgeons in the U.S. continued to increase overall last year, according to the Medscape Physicians Compensation Report 2023. However, the surgical specialists with the highest salaries are also on the list of the most often sued for medical malpractice. As a trusted medical malpractice insurance broker, SURGPLI helps surgeons in high-risk specialties obtain robust liability coverage to protect against severe financial loss in case of a lawsuit. Get a quote now.

Plastic surgeons were #1 earners in 2023

More than 10,000 physicians in 29 specialties participated in Medscape’s survey, which revealed that average annual earnings for specialists in particular have increased overall in the past five years from an average of $299,000 to $382,000.

According to the Medscape report, the top-earning surgical specialties in 2023 were:

  • Plastic Surgery                           $619k
  • Orthopedics                                $573k
  • Cardiology                                   $507k
  • Urology                                        $506k
  • Gastroenterology                       $501k
  • Otolaryngology                           $485k
  • Plastic Surgery                           $619k
  • Orthopedics                                $573k
  • Cardiology                                   $507k
  • Urology                                        $506k
  • Gastroenterology                       $501k
  • Otolaryngology                           $485k

Among the top 10 specialists who also earned incentive bonuses are radiologists, general surgeons, anesthesiologists, and OB/GYNs. Medscape’s data analysts noted that this trend in increased compensation and bonuses reflects the ongoing demand for surgeons across the U.S. 

Healthcare organizations are offering higher salaries and incentives to attract the best candidates to fill open positions. However, the survey found that self-employed physicians earned more on average overall than their employed counterparts – $374k versus $344k annually.

Best U.S. states for higher salaries

Where you practice medicine also makes a difference in earning power. According to Medscape’s findings, healthcare professionals practicing in the following states earned the highest average salaries:

  • Wisconsin              $397,000
  • Indiana                   $372,000
  • Georgia                   $363,000
  • Connecticut           $362,000
  • Missouri                 $361,000
  • New Jersey $360,000
  • South Carolina $360,000
  • Florida $359,000
  • California $358,000
  • Michigan $356,000

Over half of the physicians surveyed by Medscape are “satisfied” with their compensation. However, approximately 40% of the respondents indicated that they took on additional jobs to supplement their income.

Why top-earning surgeons need top-rated medical malpractice coverage

Even the highest-paid surgeons need robust medical malpractice insurance from an A-rated carrier, especially those whose specialties make them more vulnerable to malpractice allegations due to performing high-risk surgical procedures: neurosurgery, orthopedics, bariatric surgery, plastic surgery, OB/GYN, and general surgery. 

Also, be aware of several trends that will likely lead to higher premium rates in 2024, as well as potentially higher risk of financial loss for defendants in liability lawsuits:

  • “Mega” jury verdict awards of $10 million or more to plaintiffs have become more frequent, with awards in 40 cases in eight U.S. states totaling nearly $2 billion (Healthcare Liability Market Update, Powered by MedPro Group).
  • Legal defense costs have escalated for insurance carriers defending policyholders in liability lawsuits.
  • “Social inflation” or changing attitudes and beliefs about medical malpractice litigation, entitlement to compensation for injuries, and the parties involved (“Medical Malpractice Claims and Impact of Social Inflation”, The Doctors Company).

Contact us and learn how SURGPLI can help you save on medical malpractice insurance.

Reach out to SURGPLI for the best liability coverage and rates.

SURGPLI will help you secure strong medical malpractice coverage from A-rated carriers to protect your earning power and practice in case of a liability lawsuit. Our SURGPLI brokers will save you time and money by researching the policy, competitive rate, and A-rated carrier options that specifically meet the coverage requirements of your specialty and practice location. They’ll review quotes, payment options, and any policy discounts available so you can make a well-informed choice of carrier and coverage. Request a quote today.

Call us at 1-800-969-1339 or email us at info@SURGPLI.com.

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What Types of Surgeons Make the Most Money?2024-11-27T18:08:52+00:00

What All Surgeons Should Know When Seeking Medical Malpractice Insurance

2024-12-02T12:23:45+00:00

What All Surgeons Should Know When Seeking Medical Malpractice Insurance

Shopping for medical malpractice insurance is time-consuming and complex, especially for surgeons. The fact is, one size does not fit all surgeons when it comes to liability coverage amounts, type of policy, and rates. How can you be sure that the carrier and policy you purchase will provide enough coverage for your surgical specialty if sued for medical malpractice? And how can you find a competitive rate?

Obtaining medical malpractice insurance through an independent broker at SURGPLI is the answer. We specialize in helping surgeons in all specialties save time and effort by getting quotes from A-rated carriers with a reputation for robust financial stability and legal support for policyholders if sued. Get a quote now.

Understand the basics of medical malpractice policy underwriting

For surgeons, each medical malpractice insurance policy is underwritten individually. Each carrier uses its proprietary methods of setting rates, which vary across carriers and specialties. Carriers typically consider the practice location, surgical specialty, and past claims history of each applicant.

Also, rates for medical malpractice insurance in some U.S. states are slightly higher than the national average – and lower in some states – and vary by location. In addition, surgeons practicing in larger cities and metro areas will typically pay higher rates than those in rural or less-populated areas.

For example, a plastic surgeon in a private practice in Miami, FL, who has a history of multiple past claims will likely pay a higher policy rate than a family medicine physician in Titusville with fewer or no claims. SURGPLI brokers are experienced in working with underwriters from multiple A-rated carriers, so they can help surgeons navigate the complexities of medical malpractice policy requirements.

Beyond the basics: Surgery is a “high-risk” specialty.

Overall, medical malpractice insurance underwriters consider surgeons “high-risk” applicants. Since policy rates are determined in part by the type of specialty and the likelihood of being sued for malpractice, surgeons can usually expect to pay a higher annual cost than the average estimated rates in the state where they practice.

Some specific surgical specialties carry a higher risk of iatrogenic patient injuries and thus increase a surgeon’s exposure surgeons to medical malpractice claims. According to data from the Medscape Physicians and Malpractice Report 2023, surgeons topped the list of “Malpractice Lawsuit Frequency, by Specialty”:

  • General Surgery       90%
  • OB/GYN                      85%
  • Orthopedics               82%
  • Plastic Surgery           73%
  • Otolaryngology          72%
  • Urology                       72%
  • Cardiology                  64%
  • Gastroenterology      64%
  • Neurology                   59%

Understand a surgeon’s risk of being sued for medical malpractice

Understanding the risk factors of your surgical specialty – and the likelihood of being sued – is key to ensuring that you obtain robust medical malpractice coverage beyond your state’s minimum requirements. The Medscape Physicians and Malpractice Report 2023 revealed the top five allegations in medical malpractice lawsuits: failure to diagnose or delay diagnosis, complications from treatment or surgery, failure to treat or delay treatment, poor outcome or disease progression, and wrongful death.

Here are more specific allegations by specialty most often alleged against surgeons in medical malpractice lawsuits:

  • General Surgery – Surgery is performed on the wrong body part, or when a foreign object is left in the patient’s body leading to a post-operative complication or death. 
  • OB/GYN Surgery – Misdiagnosis or delayed diagnosis of gynecological cancers; profound brain injuries at birth; misdiagnosis or delayed diagnosis of fetal distress.
  • Neurosurgery – Claims relating to laminectomy surgeries including improper performance of surgery, retained foreign body, delay in surgery, and unnecessary surgery.
  • Orthopedic Surgery – Post-operative implant and prosthesis infections; sciatic nerve injury in hip replacements; deep vein thrombosis developing into pulmonary embolism.
  • Bariatric Surgery – Lack of identifying and treating complications of laparoscopic sleeve gastrectomy; and bowel perforation during surgery.
  • Plastic Surgery – Improper performance and poor outcomes of higher-risk elective cosmetic surgeries, such as the Brazilian Butt Lift; delayed treatment of post-operative complications and infections.

Changing jobs or moving to a new practice? Surgeons need tail insurance.

You will need tail malpractice insurance if you change jobs or leave a job to open a private practice. Your medical malpractice insurance coverage from your previous employer ends on your last day of employment or termination of your contract. Your new employer’s medical malpractice insurance policy will not cover you for prior acts that occurred during your former employment. The same is true for a new standalone policy if you go into private practice instead.

If you don’t have tail insurance, you will be exposed to a lawsuit if a former patient files a claim against you for an incident that occurred while you were under contract with the previous employer. Some employers may offer tail insurance to departing employees, but the cost is typically more than 200% of regular medical malpractice coverage.

However, SURGPLI brokers will help you secure strong-tail malpractice insurance at a much more competitive rate that covers you retroactively from the first day of employment with your former employer. Learn more about tail malpractice insurance for surgeons and how SURGPLI can help you save money.

Get a quote now on robust medical malpractice coverage for surgeons.

Reach out to a SURGPLI broker who will answer your questions and help you understand the complexities of seeking medical malpractice insurance and tail coverage for surgeons — and most of all, work with you to find the best coverage and competitive rate for your surgical specialty and location. Also, ask about policy discounts from some carriers that may be available if you have a risk management strategy.

SURGPLI is the only broker you’ll ever need for your medical malpractice coverage needs.

Call us at 1-800-969-1339 or email us at info@SURGPLI.com.

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What All Surgeons Should Know When Seeking Medical Malpractice Insurance2024-12-02T12:23:45+00:00

North Carolina Surgeons 2024 Buying Guide to Medical Malpractice Insurance

2024-11-27T18:09:30+00:00

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Medical Malpractice Insurance

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1. North Carolina Surgeons 2024 Buying Guide to Medical Malpractice Insurance

If you are a surgeon needing medical malpractice insurance in North Carolina, SURGPLI will work for you as your only trusted broker. Our brokers have deep knowledge of North Carolina’s medical malpractice insurance marketplace, plus they stay up-to-date on the state’s legislation and tort reforms that affect rates and coverage requirements for your surgical specialty. Use the information in this 2024 Buying Guide to get ready to discuss your medical malpractice insurance needs with a SURGPLI broker.

 

North Carolina has a stable medical malpractice insurance market and tort reforms, leading to fewer claims in recent years. However, with no caps on economic damages and high caps on non-economic damages in North Carolina, surgeons practicing there need robust medical malpractice coverage. An independent SURGPLI broker will work with you to find the right coverage and carrier at a competitive rate for your surgical specialty.

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2. 2024 Medical Malpractice Coverage and Rates for North Carolina

Although surgeons in North Carolina are not required by law to obtain medical malpractice insurance, SURGPLI advises surgeons – especially in high-risk specialties – to secure and maintain strong liability coverage. Speak with a SURGPLI insurance broker who will help you find the best coverage to reduce risk to your practice and protect against personal financial loss if sued.

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3. North Carolina Estimated Malpractice Insurance Rates by Specialty

Each carrier uses its proprietary methods of setting rates, which vary among carriers and specialties. Each malpractice insurance policy is underwritten individually, but the following are approximate rates across all North Carolina locations to give you an idea of costs by high-risk specialty.

Specialty Approximate Claims Made Rate Approximate Tail Rate Approximate Occurrence Rate
General Surgery $35,000 $70,000 $45,000
Obstetrics and Gynecology $55,000 $110,000 $65,000
Orthopedic Surgery No Spine $30,000 $60,000 $40,000
Orthopedic Surgery Spine $45,000 $90,000 $55,000
Plastic Surgery $35,000 $70,000 $45,000
Bariatric Surgery $55,000 $110,000 $65,000
Neurosurgery $65,000 $130,000 $75,000

*Using the NC standard limits of $1,000,000 Each Claim / $3,000,000 Aggregate per year in coverage.

North Carolina healthcare facilities typically require surgeons to carry medical malpractice insurance to have admitting privileges. The average requirement for coverage by North Carolina medical facilities is $1,000,000 per claim, $3,000,000 per year.

Also, if you need tail insurance coverage as a contracted surgeon changing jobs, we can help. SURGPLI specializes in medical malpractice insurance for private practices, and tail insurance coverage for North Carolina surgeons, so contact us for a personalized quote based on your unique needs.

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4. Get Medical Malpractice Insurance Quotes from A-rated Carriers Serving North Carolina

Surgeons in North Carolina have many good options for medical liability insurance. SURGPLI recommends carriers rated “A” by A.M. Best. These companies are A-rated because of their long-term financial solvency and a history of providing robust legal support for North Carolina surgeons. Some of the top carriers include:

  • The Doctors Company
  • MedPro Group
  • MagMutual
  • Curi (Medical Mutual Insurance Co. of North Carolina)
  • ProAssurance
  • NORCAL Group (A Part of ProAssurance)
  • Coverys Group
  • Liberty Mutual Group

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5. Types of Professional Liability Insurance for North Carolina Surgeons

Here is a brief overview of the most common types of medical malpractice insurance for surgeons in North Carolina:

Claims Made Insurance
Claims-made malpractice insurance provides coverage if the policy is in effect when the incident took place AND when the claim is filed. If a claim is filed after the end of the policy date, the claim is NOT covered. With a claims-made policy, you need tail malpractice insurance, which is a separately purchased insurance policy or endorsement, to ensure you have full protection. Claims-made insurance policies “step up” as they mature, so the first-year rate is lower than subsequent years.

Occurrence Insurance
Occurrence malpractice insurance provides coverage for incidents that occurred during the policy year, regardless of when a claim is reported to the carrier. Occurrence policies are more costly at the start of the policy, but the rate does not “step up”, and there is no need for tail coverage when the policy ends.

Tail Insurance

Since most malpractice insurance policies are underwritten on a claims-made basis, you will be exposed to a lawsuit if a former patient files a claim against you and you do not secure tail coverage. When preparing to leave your employer, you should seek tail coverage options with an independent broker like SURGPLI. Tail insurance covers you for a specific time period. The new employer’s policy won’t cover you for prior acts of former practice, hence tail coverage is needed. Read more about tail malpractice insurance.

Reach out to an experienced SURGPLI insurance broker who will do the work for you to find a tail policy at a great price.

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6. Understand Your Risk of Malpractice Claims in North Carolina

Although North Carolina is not considered a highly litigious state, it does not cap the amount of economic damages paid to plaintiffs. That’s just one reason why surgeons must have robust medical malpractice coverage. Note that the total medical malpractice payout in North Carolina was $33,670,750 in 2022. Here are some of the most common iatrogenic patient injuries that have been named in medical malpractice lawsuits against surgeons practicing in high-risk specialties:

Neurosurgery – Claims relating to laminectomy surgeries (anterior cervical fusion and posterior lumbar fusion), including improper performance of surgery, retained foreign body, delay in surgery, and unnecessary surgery.

Bariatric Surgery – Lack of identifying and treating complications of laparoscopic sleeve gastrectomy; and bowel perforation during surgery.

Orthopedic Surgery – Post-operative implant and prosthesis infections; sciatic nerve injury in hip replacements; deep vein thrombosis developing into pulmonary embolism.

OB/GYN Surgery – Birth injuries caused by improper use of medical devices or techniques; profound brain injuries at birth; misdiagnosis or delayed diagnosis of fetal distress.

Plastic Surgery – Improper performance and poor outcomes of higher-risk elective cosmetic surgeries; surgical errors and negligence regarding post-operative infections, bad facial filler injections, uneven breast augmentations, and visible scarring.

General Surgery – Surgical errors, such as when surgery is performed on the wrong body part, or when a sponge or surgical instrument is left in the patient’s body leading to a post-operative complication or death; or failing to close a bleeding vein or artery.

Check out the SURGPLI Medical Malpractice Insurance Blog for articles discussing ways private practice surgeons can best manage the risk of being sued for malpractice, as well as other information on medical malpractice insurance trends and legislation.

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7. Tort Reform in North Carolina

  • North Carolina has a law offering alternative dispute resolution as an additional option to lengthy medical malpractice suits. This includes “mediation, arbitration, a summary jury trial, and early neutral evaluation”. Alternative dispute resolution has helped decrease the state’s cost and length of litigation.
  • For parties who choose alternative dispute resolution, there is a $1 million cap on total damages for medical malpractice liability claims, according to the Voluntary Arbitration of Health Care Claims Act, enacted in 2007.
  • Additionally, in 2011, North Carolina passed a law capping non-economic damages in most medical malpractice cases at $500,000. In addition to the cap, this law expanded the protection of emergency medical personnel providing care in emergencies.

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8. North Carolina’s Damage Caps on Medical Malpractice Lawsuits

  • North Carolina does not set a cap on economic damages. However, in most cases, the state requires a separate trial to determine the amount of economic damages if they are claimed to be more than $150,000. These two trials may be combined into a single trial if the judge finds good cause.
  • North Carolina has a $500,000 cap on non-economic damages in medical malpractice cases, evaluated and possibly increased for inflation every three years since January 1, 2014.
  • The $500,000 cap on non-economic damages can be circumvented, however, in cases where the injured party suffered disfigurement, lost the use of a body part, or in the cases of gross negligence or patient death.
  • In 2007, the state passed the Voluntary Arbitration of Health Claims Act, “capping total damages at $1 million in medical professional liability claims where both parties agree to use binding arbitration”.

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9. North Carolina’s Statute of Limitations for Medical Malpractice Claims

The following guidelines outline the state’s statute of limitations for medical malpractice claims:

  • A person in North Carolina has three years from the date of injury to file a medical malpractice claim.
  • In cases of wrongful death, claims need to be filed within two years of the death.
  • If the injury is not discovered within the two-year deadline, the claim must be filed within one year of the discovery with no more than four years passing from the date the injury was caused.
  • In cases where a foreign object was left in the body, patients must file a claim within one year of the discovery and cannot be filed more than ten years after the date the object was left in the body.
  • Medical malpractice law for minors in North Carolina is complicated and exceptions to the three-year rule are calculated on several different factors including age, guardianship status, and other legal factors.

The statutes of limitations for medical malpractice can be complex and vary from case to case. Consulting with SURGPLI insurance brokers who understand the ins and outs of this system is an important part of protecting your medical practice with the right amount of medical malpractice insurance coverage.

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10. Need Medical Malpractice Insurance in North Carolina? Request a Quote Today

Reach out to SURGPLI to ensure you have strong medical malpractice coverage for your private surgical practice in North Carolina. Also, we help contracted surgeons secure tail coverage when changing jobs. Whether you’re a plastic surgeon in Charlotte, a neurosurgeon in Raleigh, or an OB/GYN in Greensboro, SURGPLI insurance brokers will help you obtain coverage from an A-rated carrier.

 

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Max Schloemann

About the Author

Max Schloemann is a medical malpractice insurance broker, focused on helping physicians secure Medical Professional Liability coverage. He helps Doctors and Surgeons, as well as Physician Assistants, Nurse Practitioners, and healthcare entrepreneurs launch new medical practices across the country. Max graduated Magna cum Laude from Southern Illinois University College of Business and was named the Outstanding Management Senior. Max’s career in medical malpractice insurance began in 2008 with an industry-leading firm. Max founded SURGPLI in 2023 to help surgeons navigate the complexities of medical malpractice insurance in the new era of healthcare. Max’s wife, Kristen, a Physician Assistant, and their 4 kids (plus 1 dog) enjoy hiking, golf, and cooking.

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North Carolina Surgeons 2024 Buying Guide to Medical Malpractice Insurance2024-11-27T18:09:30+00:00

What Surgeons Need to Know About Medical Malpractice and AI

2024-11-27T18:09:43+00:00

What Surgeons Need to Know About Medical Malpractice and AI

Artificial Intelligence (AI) technology platforms are transforming the healthcare industry overall and surgical practices in particular as a new mode of patient care. Along with the proposed benefit of AI to support faster clinical decision-making comes an important caveat for surgeons: How will using AI platforms for patient diagnostic and treatment decisions affect your risk of being sued for malpractice?

Although AI is a hot discussion topic among healthcare industry leaders, there is no definitive answer yet on the question of a surgeon’s liability when using AI for patient care. SURGPLI is staying abreast of this developing issue to ensure that you always have the right coverage if you choose to adopt an AI platform in your practice. SURGPLI brokers have compiled the resources in this article to help you stay informed of the current discussions of potential liability risks of AI in surgical practice.

Questions about your medical malpractice coverage and AI? Contact a SURGPLI broker.

AI benefits and potential medical liability risks

Artificial Intelligence for healthcare applications is actually nothing new and has proven beneficial for improving patient care. Orthopedic surgeons, for example, have used AI-driven surgical robotics for joint replacement and spine surgeries for many years. Also, radiologists, pathologists, and other specialists use AI-enhanced imaging programs to obtain more complex views of diagnostic CT and MRI scans.

However, many of today’s emerging AI programs are designed to aid physicians in researching patient conditions and making diagnostic decisions, such as ChatGPT and electronic health records integrated with AI. One huge risk of these AI programs is that they are known to “hallucinate” or degrade over time, causing them to generate false or incomplete information. There is a major concern that if surgeons trust and become more dependent on the recommendations of AI programs than their clinical judgement, this will heighten the risk of making erroneous decisions and result in iatrogenic patient injuries.

Although it is still unclear how AI-related medical errors will be handled in future medical malpractice lawsuits, healthcare industry leaders are sharing their insights. For example, an article published by the Milbank Memorial Fund, an independent organization founded to improve population health and health equity, discussed three types of possible medical liability scenarios involving AI and other machine learning applications (AI/ML):

  • Medical malpractice allegations resulting from physicians “failing to critically evaluate AI/ML recommendations” with the result of deviation from the standard of care.
  • Negligence allegations in which physicians are liable for implementing an AI/ML system that led to negligent patient treatment decisions by the physician or clinical staff.
  • Product liability allegations in which patients can sue the maker of a defective AI platform. However, physicians may be also be involved as defendants if they were consultants for designers of the AL/ML device that caused a patient injury.

Are you thinking of implementing AI in your practice? Contact a SURGPLI broker to discuss the details of your current medical malpractice coverage to ensure it addresses lawsuits involving AI platforms.

Proposing a “new standard of care” with AI

Looking forward, we at SURGPLI foresee tort reforms that will either change existing medical liability laws to include AI as a mode of treatment or enact new laws specifically defining liability for medical malpractice allegations involving AI. In turn, we expect these types of reforms may also bring about changes in the way medical malpractice policies are underwritten.

For example, a recent article authored by Johns Hopkins Carey Business School faculty members posed the question if medical malpractice should be a concern when deciding whether or not to use AI when treating patients. The authors discuss scenarios in which physicians are using AI with caution due to concerns about allegations that treatment with AI does not meet current standards of care. But those concerns are likely to dissipate as AI diagnostic platforms become more accurate and advanced, and medical malpractice laws around AI become more defined. The article concludes with a proposal that medical liability legislation needs to be redefined and crafted around a “new standard of care” that includes AI as an accepted mode of patient care.

Are you a surgeon using AI? Get a quote on robust medical malpractice coverage from SURGPLI.

Using AI programs for administrative, recordkeeping, and scheduling tasks is already an established trend in many medical practices. However, the availability and use of AI platforms for diagnosing and predicting patient outcomes are expected to become more prevalent as new AI diagnostic tools are introduced to the healthcare market. And that can potentially put surgeons at higher risk for new AI-related malpractice allegations.

Now is the time to talk with a SURGPLI broker about your risk factors for a medical malpractice lawsuit involving AI platforms – and ensure that you have the strongest coverage available for your specialty from an A-rated carrier.

Call us at 1-800-969-1339 or email us at info@MEDPLI.com.

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What Surgeons Need to Know About Medical Malpractice and AI2024-11-27T18:09:43+00:00

SURGPLI is a division of MEDPLI, an independent insurance brokerage that makes medical malpractice insurance simple for doctors. SURGPLI helps doctors with surgical specialties find the best medical malpractice insurance that fits their needs and their budget.

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