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If you are a surgeon needing medical malpractice insurance in Massachusetts, SURGPLI will work for you as your only trusted broker. Our insurance brokers have deep knowledge of Massachusetts’ 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 insurance broker.

Massachusetts reported a 16.7% increase in liability insurance premiums in 2022. However, because there is no cap on economic damages in the state, surgeons who practice in high-risk specialties need robust medical malpractice insurance. An independent SURGPLI insurance broker can help you shop for the best coverage and competitive rates in Massachusetts.

Massachusetts law requires surgeons to maintain medical malpractice insurance with required minimum coverage amounts for claims against injury or death set at $100,000 Each Claim / $300,000 Aggregate. A SURGPLI insurance broker will work with you to ensure that you have strong medical malpractice coverage to meet the legal requirements of the state and your surgical 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 Massachusetts locations to give you an idea of costs by high-risk specialty.

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

Higher-risk specialties may need more coverage, and most hospitals in Massachusetts require physicians to carry coverage set at $1,000,000 per claim and $3,000,000 annual aggregate.

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 Massachusetts surgeons, so contact us for a personalized quote based on your unique needs.

Get a quote.

Surgeons in Massachusetts 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 Massachusetts surgeons. Some of the top carriers include:

• Coverys Group (ProSelect and ProMutual)
• MedPro Group
• The Doctors Company
• ISMIE Indemnity

• ProAssurance
• 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.

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

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.

Massachusetts 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 Massachusetts was $183,291,300 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; 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; failing to close a bleeding vein or artery.

Check out the SURGPLI Medical Malpractice Insurance Blog for articles that discuss ways that 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.

Notable tort reforms in Massachusetts include:

• The Health Payment Reform Act, also known as the “Disclose, Apologize, and Offer” Law, was passed in 2012. Under this law, doctors are encouraged to tell patients when a medical mistake has happened, apologize for the mistake, and offer a reasonable settlement to resolve the matter. Payments made under this system are not reported to the National Practitioner Data Bank. If the situation is not resolved and is taken instead to court, the physician’s apology is inadmissible as evidence of admission of guilt.
• A tribunal consisting of a judge, an attorney, and a physician must examine the preliminary evidence in every medical malpractice case in the state to determine if there is sufficient evidence to proceed with the claim. According to the Massachusetts Medical Society, tribunals screen out approximately 16% of all medical malpractice cases in Massachusetts.
• Limits on plaintiff attorney’s fees are set at 40 percent of the first $ 150,000 recovered, 33 1/3 percent of the next $ 150,000 recovered, 30 percent of the next $ 200,000 recovered, and 25 percent of any amount exceeding $ 500,000.
• Caps on noneconomic damages.

• Economic damages (reimbursement for out-of-pocket losses resulting from the injury) are NOT capped
• Noneconomic damages (reimbursement for pain and suffering, loss of life enjoyment, etc.) are limited to $500,000

It is important to note that in cases where there is a “substantial or permanent loss or impairment of a bodily function or substantial disfigurement or other special circumstances that would warrant a finding that imposition of such limitation would deprive plaintiff of just compensation for injuries”, plaintiffs CAN be awarded more than $500,000.

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

• An individual in Massachusetts is required to file a medical malpractice claim within three years from the date of injury or date of discovery (or date of reasonable discovery)
• If the patient is receiving ongoing treatment from the defendant provider for the same medical condition, the three-year deadline starts when the patient actually knows the defendant’s negligence was the cause of injury (the discovery rule does not apply)
• For minors younger than 6 at the time of injury, lawsuits can be filed up until the minor’s 9th birthdayFor minors 6 or older at the time of injury, the three-year deadline applies
• The three-year statute of limitations can be paused in cases where the patient is incapacitated by mental illness, the defendant provider is living out of state, or if the defendant provider fraudulently hides the negligent action
• The state’s statute of repose mandates that under most circumstances, a lawsuit must be filed within seven years after the date of injury

In addition to filing a malpractice claim within the designated time period, plaintiffs must also submit an “offer of proof” to a three-person medical malpractice tribunal in order to proceed with the lawsuit. The offer of proof must provide evidence that the defendant provider did not meet the appropriate standard of care and the patient was harmed as a result. If the tribunal rules that there isn’t sufficient evidence to take the claim to court, the patient is required to post a bond of $6,000 in order to proceed with the lawsuit.

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.

Reach out to SURGPLI to ensure you have strong medical malpractice coverage for your private surgical practice in Massachusetts. Also, we help contracted surgeons secure tail coverage when changing jobs. Whether you’re a plastic surgeon in Boston, a bariatric surgeon in Springfield, or an orthopedic surgeon in Worcester, SURGPLI brokers will help you obtain coverage from an A-rated carrier.

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.

If you are a surgeon needing medical malpractice insurance in Virginia, SURGPLI will work for you as your only trusted insurance broker. Our advisors have deep knowledge of Virginia’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 advisor.

Virginia surgeons carry coverage with some of the highest medical malpractice limits in the country, due to the state’s annual increase on damage caps through July 2031. The good news is that the state’s medical malpractice rates are competitive among carriers. And even better, an independent SURGPLI advisor will work with you to easily shop for strong coverage with the best carrier and rate for your surgical specialty.

Surgeons in Virginia are not required by law to obtain medical malpractice insurance. However, in light of Virginia’s annually increasing damage caps, SURGPLI advises surgeons – especially in high-risk specialties – to secure and maintain strong liability coverage. A SURGPLI advisor will help you find the best coverage to reduce risk to your practice and protect against personal financial loss if sued for malpractice.

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 Virginia locations to give you an idea of costs by high-risk specialty.

*Using the VA standard limits of $2,600,000 Each Claim per year in coverage

Virginia healthcare facilities typically require surgeons who want admitting privileges to carry medical malpractice insurance with liability limits that match the cap on damages.

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

Surgeons in Virginia 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 Virginia surgeons. Some of the top carriers include:

• The Doctors Company
• MagMutual
• MedPro Group

• ProAssurance
• Coverys Group
• Liberty Mutual Group

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

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.

Even the most experienced surgeons are at risk of being sued for malpractice, so they need robust medical malpractice coverage, especially in Virginia where combined damage caps are high and increase annually. Note that the total medical malpractice payout in Virginia was $53,336,250 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; 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; failing to close a bleeding vein or artery.

Check out the SURGPLI Medical Malpractice Insurance Blog for articles that discuss ways that 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.

The most notable tort reform is Virginia’s cap on medical malpractice damages.

In addition, The Virginia Medical Malpractice Act in 2005:

Created review panels for accessing the merits of a prospective medical malpractice claim, consisting of two doctors, two lawyers and a judge that provide an opinion on whether a provider violated the medical standard of care and whether that violation was the legal cause of the patient’s injury.

Currently requires the use of medical expert witness testimony to establish the standard of care and show how the defendant violated that standard.

Virginia’s medical malpractice damage caps apply to the total amount of compensation recoverable, including both economic and non-economic damages. Since August 1, 1999, the limit on total damages on malpractice claims has increased annually by $50,000, and will continue until July 1, 2031, when the cap will stabilize at $3 million.

Per the Virginia General Assembly, the cap Limits will increase according to the current schedule below:

July 1, 2023, through June 30, 2024: $2.60 million
July 1, 2024, through June 30, 2025: $2.65 million
July 1, 2025, through June 30, 2026: $2.70 million
July 1, 2026, through June 30, 2027: $2.75 million
July 1, 2027, through June 30, 2028: $2.80 million
July 1, 2028, through June 30, 2029: $2.85 million
July 1, 2029, through June 30, 2030: $2.90 million
July 1, 2030, through June 30, 2031: $2.95 million
July 1, 2031, and after: $3 million

Punitive damages are always capped at $350,000, but the limit that may apply to a medical malpractice case depends on when the malpractice occurred.

In most cases, the time limit for medical malpractice claims in Virginia is two years from the date of injury, which may or may not be the same date as the act of malpractice. However, there are specific situations where this period can be extended:

• For claims involving “negligent failure to diagnose a malignant tumor” or specific forms of cancer, the filing deadline is extended for a period of one year from the date on which a correct diagnosis is “communicated to the patient by a health care provider”.
• When a foreign object with no therapeutic effect is left in a patient, or where “fraud, concealment or intentional misrepresentation prevented discovery of the injury” within the two-year time period limit, the filing deadline is extended one year from the date the injury is discovered or reasonably should have been discovered.
• No lawsuit can be filed if more than ten years have passed since the malpractice occurred, except for cases where the patient was under a legal disability at the time the underlying malpractice occurred and that disability continues beyond the 10-year timeframe.

Reach out to SURGPLI to ensure you have strong medical malpractice coverage for your private surgical practice in Virginia. Also, we help contracted surgeons secure tail coverage when changing jobs. Whether you’re an orthopedic surgeon in Roanoke, a neurosurgeon in Richmond, or an OB/GYN in Virginia Beach, SURGPLI advisors will help you obtain coverage from an A-rated carrier.

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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If you are a surgeon needing medical malpractice insurance in Ohio, SURGPLI will work for you as your only trusted broker. Our advisors have deep knowledge of Ohio’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 advisor.

General surgeons, OB/GYNs, orthopedic surgeons, and neurosurgeons are among the top 10 medical specialists sued for malpractice in Ohio, according to Ohio Department of Insurance data. In 2023, Ohio juries awarded over $7.5 million and $4.5 million to plaintiffs in just two notable medical malpractice lawsuits. With no caps on economic damages, Ohio surgeons need robust medical malpractice coverage. An independent SURGPLI advisor will work with you to find the right coverage and carrier at a competitive rate.

Surgeons in Ohio are not required by law to obtain medical malpractice insurance. However, if you run a private practice without malpractice insurance, prior to administering services you must provide patients with written notice of your lack of insurance coverage. Patients must sign the notice in acknowledgment. SURGPLI advises Ohio surgeons to secure and maintain strong medical malpractice coverage to reduce risk to the practice and protect against personal financial loss if sued.

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 Ohio locations to give you an idea of costs by high-risk specialty.

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

Ohio healthcare facilities typically require surgeons to carry medical malpractice insurance to have admitting privileges.
SURGPLI specializes in both medical malpractice insurance and tail insurance coverage for Ohio surgeons, so contact us for a personalized quote based on your unique needs.

Get a quote.

Surgeons in Ohio 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 Ohio surgeons. Some of the top carriers include:

• The Doctors Company
• MedPro Group
• Coverys Group

• ProAssurance
• NORCAL Group (A Part of ProAssurance)
• Liberty Mutual Group

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.

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

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.

Ohio has no cap on economic damages, so surgeons more vulnerable to personal financial loss if they do not have strong medical malpractice coverage. Note that the total medical malpractice payout in Ohio was $95,076,250 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; 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; failing to close a bleeding vein or artery.

Check out the SURGPLI Medical Malpractice Insurance Blog for articles that discuss ways that 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.

In 2002, Ohio signed into law Senate Bill 281, then three years later signed into law Senate Bill 80. These bills together created significant tort reform that implemented damage caps for non-economic damages and made it a requirement that plaintiffs in medical malpractice lawsuits have an affidavit of merit from an expert witness who states that the claim is legitimate.

There is no cap on economic damages in medical malpractice lawsuits in Ohio.

Ohio does cap damages for non-economic injuries:

• $250,000 per plaintiff or 3 times the economic damages, whichever is higher
• The maximum is $350,000 per plaintiff and $500,000 per occurrence
• If a plaintiff’s injuries are found to be “catastrophic” the damage limit is set at $500,000 per individual and $1 million per occurrence. Under Ohio law, catastrophic injuries are those that involve:
  • Permanent and substantial physical deformity
  • Loss of use of a limb
  • Loss of a bodily organ system
  • Permanent physical injury that prevents self-care

Under Ohio law, a medical malpractice lawsuit must be filed within one year from the later of one of the following dates:

• The date when the injury occurred;
• The date when the injury was first discovered, or
• The last date of treatment with the medical provider that caused the injury

There are exceptions to this rule. If within the one-year limitations period the injured party notifies the medical professional or institution that he or she is considering bringing a medical malpractice lawsuit, they have an additional 180 days to file after the date of the notice.

The statutes of limitations for medical malpractice can be complex and can vary from case to case. Consulting with SURGPLI advisors 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.

Reach out to SURGPLI to ensure you have strong medical malpractice coverage for your private surgical practice in Ohio. Also, we help contracted surgeons secure tail coverage when changing jobs. Whether you’re a general surgeon in Cleveland, an orthopedic surgeon in Columbus, or an OB/GYN in Cincinnati, SURGPLI advisors will help you obtain coverage from an A-rated carrier.

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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If you are a surgeon needing medical malpractice insurance in Michigan, SURGPLI will work for you as your only trusted broker. Our brokers have deep knowledge of Michigan’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.

SURGPLI advises all surgeons – particularly those in high-risk specialties – to have liability coverage, despite Michigan law not requiring it. One reason is that Michigan has no cap on economic damages in malpractice cases. An independent SURGPLI broker will work with you to ensure that you have strong medical malpractice coverage to protect against loss of personal assets and risk to your surgical practice in the event of a lawsuit.

Historically, Michigan physicians have carried limits of $200,000 per occurrence /$600,000 aggregate, but many are switching to $1 million per occurrence/$3 million aggregate. High-risk surgical specialties – such as bariatric surgery and OB/GYN – may need policies with higher liability limits.

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 Michigan locations to give you an idea of costs by high-risk specialty.

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

Some Michigan 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 Michigan surgeons, so contact us for a personalized quote based on your unique needs.

Get a quote.

Surgeons in Michigan 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 Michigan surgeons. Some of the top carriers include:

• MedPro Group
• The Doctors Company
• Coverys Group
• ProAssurance

• Michigan Professional Insurance Exchange
• ISMIE Group
• Lone Star Alliance RRG (TMLT Group)
• Liberty Mutual Group

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.

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

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.

Michigan 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 Michigan was $66,837,750 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; 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; failing to close a bleeding vein or artery.

Check out the SURGPLI Medical Malpractice Insurance Blog for articles that discuss ways that 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.

Notable tort reforms in Michigan include:

• In 1986, Michigan passed its first major tort reform. This legislation required that lawsuits be filed in the county in which the malpractice occurred, mandated a higher standard of expert testimony, capped non-economic damages at $225,000, and addressed issues around joint-and-several liability.
• In 1993, continuing tort reform increased the cap on non-economic damages to $280,000, increased standards for expert testimony even further, required that all medical malpractice plaintiffs to file an affidavit of merit, and “permitted binding arbitration for medical malpractice cases that involved damages not in excess of $75,000”.
• The state has adjusted its cap on noneconomic damages periodically due to inflation. As of January 2021, the “upper cap” was set at $851,000 and the “lower cap” at $476,600.

There are no caps on economic damages in Michigan.

• In 2021, the state announced that the “upper cap” for non-economic damages was adjusted to a limitation of $851,000 and the “lower cap” was adjusted to a limitation of $476,600.
• If the medical malpractice resulted in at least one of the following, the upper cap applies:
• The plaintiff is hemiplegic, paraplegic, or quadriplegic resulting in total permanent functional loss of one or more limbs caused by an injury to the brain and/or spinal cord;
• The plaintiff has permanently impaired cognitive capacity rendering him or her incapable of making independent, reasonable life decisions and permanently incapable of independently performing the activities of normal, daily living; or
• The plaintiff has suffered permanent loss of or damage to a reproductive organ resulting in the inability to procreate.
• If none of the above criteria are met, then the lower cap applies to the medical malpractice claim.

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

• The standard deadline set by Michigan gives an individual two years from the date on which the alleged medical error was committed to file a lawsuit.
• If the injury is not discovered within the two-year deadline, the claim must be filed within six months of the discovery (or when it should have been discovered).
• The state’s “statute of repose” requires that a claim be filed no more than six years after the date on which the underlying malpractice was committed, regardless of when the existence of the claim was discovered.
• The “statute of repose” does not apply to cases of malpractice fraud or when “there has been permanent loss of or damage to a reproductive organ resulting in the inability to procreate”.
• Specific guidelines exist for minors who have suffered an injury based on the type of injury and the age of the child.
• Michigan’s Wrongful Death Act doesn’t specify an amount of time in which a wrongful death claim must be made. “Rather, any action filed under the Wrongful Death Act ‘borrows’ the statute of limitations that applies to the underlying cause of action”.

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.

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

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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If you are a surgeon in need of medical malpractice insurance in Texas, SURGPLI will work for you as your only personal trusted broker. Our insurance brokers:

• have deep knowledge of Texas’s medical malpractice insurance marketplace
• stay up-to-date on the state’s legislation and tort reforms that affect rates and coverage requirements for your surgical specialty – and –
• save you time and effort by getting a wide range of A-rated carrier quotes through SURGPLI as a single point of contact.

Texas ranked second among the top 10 U.S. states with the most medical malpractice claims in 2022, according to the National Practitioner Data Bank (U.S. Health & Human Services). That’s only one reason why surgeons in Texas need robust medical malpractice coverage.

Requirements: does not legally require surgeons in private practice, and physicians in general, to carry medical malpractice insurance in order to work.

Payout Total: The total medical malpractice payout in Texas for 2022 was $95,130,100.

Recommendation: Obtaining medical malpractice insurance is still the best way to protect you and your practice in Texas from financial damages in the event of a lawsuit.

Each carrier uses its own proprietary methods of setting rates, which vary among carriers and specialties. Carriers typically look at the practice location, surgical specialty, and past claims history. In Texas, the areas that carry the highest rates are: Houston (Harris County), El Paso (El Paso County), Brownsville (Cameron County), McAllen (Hidalgo County), Laredo (Webb), and other locations with a higher claims frequency or severity.

Each malpractice insurance policy is underwritten individually, but the following are approximate rates across all areas of Texas to give you an idea of costs by high-risk specialty.

*Estimates based on approximate rates across all Texas territories for limits of $200,000 Each Claim/$600,000 Aggregate – the minimum limits of liability for most medical facilities in Texas.

SURGPLI specializes in both medical malpractice insurance and tail insurance coverage for Texas surgeons, so reach out to us for a personalized quote based on your unique needs.

Obtaining medical malpractice insurance from carriers rated “A” by A.M. Best is always recommended. These companies are A-rated because of their long-term financial solvency and a history of providing robust financial and legal support for Texas surgeons.

Some of the top carriers include:

• The Doctors Company
• Medical Protective (MedPro)
• MagMutual
• TMLT

• Norcal Mutual Insurance Company (part of ProAssurance)
• ProAssurance
• Coverys
• ISMIE

SURGPLI will serve as your single point of contact to get a wide range of quotes from A-rated carriers, then promptly review your options with you to find the best fit.

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California Medical Malpractice Insurance

There are 3 types of medical malpractice insurance for surgeons in Texas:

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. Learn more about claims-made insurance here. 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. 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 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.

Despite Texas tort reforms resulting in relatively low minimum liability limits compared to other states, surgeons practicing in the following high-risk specialties rank among the most often sued for malpractice – neurosurgery, bariatric surgery, orthopedic surgery, OB/GYN, plastic surgery, and general surgery. Here are some of the most common iatrogenic patient injuries that trigger medical malpractice lawsuits against surgeons practicing in high-risk specialties in Texas:

Neurosurgery – Claims relating to laminectomy surgeries, with the most common allegations: being denied treatment, procedural errors, and inadequate management of post-laminectomy syndrome.

Bariatric Surgery – Long-term discomfort or injury due to unrelenting pain, nausea, vomiting, and diarrhea due to leakage of bowel fluids, strictures, or removing too much of the digestive tract; chronic malnutrition.

Orthopedic Surgery – Complications involving internal and orthopedic prosthetic devices, implants, and grafts.

OB/GYN Surgery – Profound brain injuries at birth; misdiagnosis or delayed diagnosis of fetal distress.

Plastic Surgery – Improper performance of surgery and patient dissatisfaction with the outcome (scarring, nerve damage, death); improper management of post-operative complications and infections.

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.

In 2003, Texas passed significant tort reform for medical malpractice lawsuits. Among other things, the reform put a cap on damages for pain and suffering. Plaintiffs can now only collect a maximum of $250,000 in damages for pain and suffering from individual doctors (they can collect a maximum of another $250,000 from each healthcare facility involved in the injury).

The effect of tort reform in Texas has been an influx of doctors from all specialties, as well as lower insurance premiums.

• Non-economic damage caps for medical malpractice lawsuits in Texas are set at $250,000 for individual healthcare providers and $250,000 for each medical facility involved in their injury.
• There is an overall cap of $500,000 per plaintiff when it concerns how much they can collect from the total amount of medical facilities they sue.
• There is no limit on the amount of compensation a plaintiff can recover for economic damages in Texas. Economic damages can include:
• – Medical costs for surgeries, physicians’ appointments, prescription medications and medical equipment
• – Lost wages due to the injury
• – Lost earning capacity if the injury is permanently debilitating or makes it impossible for the plaintiff to continue working

• Typical negligence and injuries carry a 2-year statute of limitations. This starts the date the harm was discovered or could reasonably have been discovered.
• If the injury occurred as part of a continuing course of healthcare treatment, the two years does not start running until the treatment is concluded.
• Lawsuits filed on behalf of children under 12 years old must be filed by their 14th birthday.
• Given various court rulings, there is some confusion over the true statute of limitations for minors. It is generally believed that the 2-year statute of limitation for minors will not begin to run until they legally become an adult (18-years-old).
• Texas’ statute of repose mandates that patients must file a lawsuit for medical errors within 10 years; if no lawsuit is filed before the 10 years runs out, they can no longer bring a claim.

Reach out to SURGPLI to ensure you have strong medical malpractice coverage for your private surgical practice in Florida. SURGPLI insurance brokers also specialize in helping contracted surgeons obtain tail coverage when changing jobs. Whether you’re a neurosurgeon in Dallas, a general surgeon in Austin, or an OB/GYN in Houston, we’ll help you obtain coverage from an A-rated carrier.

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 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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If you are a surgeon in need of medical malpractice insurance in Florida, SURGPLI will work for you as your only personal trusted broker. Our insurance brokers:

• have deep knowledge of Florida’s medical malpractice insurance marketplace
• stay up-to-date on the state’s legislation and tort reforms that affect rates and coverage requirements for your surgical specialty – and –
• save you time and effort by getting a wide range of A-rated carrier quotes through SURGPLI as a single point of contact.

According to the U.S. Census Bureau, Florida is the most rapidly growing U.S. state by population. There is high demand for OB/GYNs, orthopedic surgeons, and plastic surgeons, in particular, to serve the typical demographic of older retirees, but also younger working professionals and families. However, surgeons in these high-risk specialties need comprehensive medical malpractice insurance.

Requirements: Florida does not legally require surgeons to carry medical malpractice insurance.

Payouts: Florida is among the top three U.S. states with the most medical malpractice payouts on record, totaling nearly $10.6 billion over the last 20 years

Recommendation: Obtaining medical malpractice insurance is still the best way to protect you and your surgical practice in Florida from personal financial loss in the event of a lawsuit.

Each carrier uses its own proprietary methods of setting rates, causing rates to vary among carriers and specialties. Carriers typically consider factors such as practice location, surgical specialty, and past claims history. Each malpractice insurance policy is underwritten individually, but the following rates are estimates to give you an idea of costs by high-risk specialty.

*Using the FL standard limits of $250,000 Each Claim / $750,000 Aggregate per year in coverage. These rates are estimates only and can vary widely depending on the location and the claims history of each physician.

Rates for medical malpractice insurance in Florida are slightly higher than the national average and vary by location. Surgeons working in cities like Miami and Orlando will pay higher rates than those in less-populated locales.

SURGPLI specializes in both medical malpractice insurance and tail insurance coverage for Florida surgeons, so reach out to us for a personalized quote based on your unique needs.

Surgeons in Florida have many options for obtaining medical malpractice insurance, but we recommend 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 financial and legal support for Florida surgeons.

SURGPLI insurance brokers reach out on a regular basis to get quotes from the top-rated companies serving Florida surgeons, including:

• The Doctors Company
• MedPro Group
• MAG Mutual
• ProAssurance

• Norcal (A Part of ProAssurance)
• Coverys Group
• ISMIE

SURGPLI will serve as your single point of contact to get a wide range of quotes from A-rated carriers, then promptly review your options with you to find the best fit.

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Florida Medical Malpractice Insurance

There are 3 types of medical malpractice insurance for surgeons in Florida:

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. Learn more about claims-made insurance here. 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. 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 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.

Florida surgeons in high-risk specialties are more vulnerable to medical malpractice claims – and may require more coverage beyond Florida’s liability limits. 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; 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 – Misdiagnosis or delayed diagnosis of gynecological cancers; 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, such as the Brazilian Butt Lift; improper management of post-operative complications and infections.

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.

According to the Florida Board of Medicine, as a condition of licensing and maintaining an active license, and prior to the issuance or renewal of an active license or reactivation of an inactive license for the practice of medicine, an applicant must:

• Obtain and maintain professional liability coverage in an amount not less than $100,000 per claim, with a minimum annual aggregate of not less than $300,000, from an authorized insurer – or –
• Establish and maintain an escrow account consisting of cash or assets eligible for deposit in the per claim amounts specified above – or –
• Obtain and maintain a letter of credit in an amount not less than $100,000 per claim, with a minimum aggregate availability of credit of not less than $300,000.

Physicians who perform surgery in an ambulatory surgical center licensed under chapter 395 and, as a continuing condition of staff privileges, must establish financial responsibility by one of the following methods:

• Obtain and maintain professional liability coverage in an amount not less than $250,000 per claim, with a minimum annual aggregate of not less than $750,000 from an authorized insurer – or –
• Establish and maintain an escrow account consisting of cash or assets eligible for deposit in the per claim amounts specified above – or –
• Obtain and maintain a letter of credit in an amount not less than $250,000 per claim, with a minimum aggregate availability of credit of not less than $750,000

Rather than using secured assets to cover claims, SURGPLI’s recommendation is that carrying medical malpractice insurance from an A-rated carrier is the most cost-effective way to protect yourself.

• Most Florida doctors carry malpractice insurance that covers $250,000.00 per claim /$750,000.00 aggregate, though surgeons, OB/GYNs, and other physicians seeking higher limits will opt for $1,000,000.00 per claim/$3,000,000.00 aggregate.
• The general recommendation for all doctors is to carry coverage at $1,000,000.00 per claim/$3,000,000.00 aggregate since it offers robust protection, and health care centers in Florida sometimes require these limits before allowing admitting privileges.

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Florida Medical Malpractice Insurance

On Friday, March 24, 2023, Gov. Ron DeSantis signed into law HB 837: Civil Remedies. The tort reforms in this bill focus mainly on statutes of limitations, comparative negligence, and the admissibility of medical bills at trial.

The new law enacts a modified comparative negligence approach in medical malpractice lawsuits that prevents the plaintiff from recovering damages from the defendant if a jury finds that the plaintiff is more than 50% at fault for their own injury or harm. Also, the admissibility of medical bills at trial allows for admissible evidence to prove that the plaintiff’s damages more closely reflect actual amounts paid or allowed for medical services received. (See below for details of changes to Florida’s statutes of limitations.)

In Florida there is no limit on the amount of compensation a plaintiff can recover for past and future economic damages, such as medical care necessitated by the malpractice, lost income, lost future earning capacity, and any other measurable economic losses attributable to the defendant’s malpractice.

Previously, Florida statutes allowed a $500,000 cap on non-economic damages (which included compensation for “pain and suffering”) and a $1,000,000 cap on non-economic damages if the malpractice resulted in death or a vegetative state, but these statutes were struck down as unconstitutional in 2017.

The statute of limitations in Florida for medical malpractice claims in general/ordinary negligence cases have been reduced from four years to two years as a result of the tort reforms passed in 2023:

• Ordinary negligence carries a statute of limitation of two years from the date the harm from the malpractice was discovered or could reasonably have been discovered.
• The statute of limitations might be extended to four years in cases where the injury wasn’t immediately discoverable.
• For cases that involve intentional misrepresentation, concealment or fraud is, the statute of limitations is seven years.
• For minors, the statute of limitations is different. When an action is being brought on behalf of a minor child, a medical malpractice claim may be filed up until the child’s eighth birthday.

Reach out to SURGPLI to ensure you have strong medical malpractice coverage for your private surgical practice in Florida. SURGPLI insurance brokers also specialize in helping contracted surgeons obtain tail coverage when changing jobs. Whether you’re an OB/GYN specialist in Jacksonville, a plastic surgeon in Miami, or an orthopedic surgeon in Orlando, we’ll help you obtain coverage from an A-rated carrier.

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 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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If you are a surgeon in need of medical malpractice insurance in California, SURGPLI will work for you as your only personal trusted broker. Our insurance brokers:

• have deep knowledge of California’s medical malpractice insurance marketplace
• stay up-to-date on the state’s legislation and tort reforms that affect rates and coverage requirements for your surgical specialty – and –
• save you time and effort by getting a wide range of A-rated carrier quotes through SURGPLI as a single point of contact.

The recent adjustments to reforms to California’s Medical Injury Compensation Reform Act (MICRA) will result in incremental cap increases and gradually increasing medical malpractice insurance rates. That’s just one reason why it’s important for surgeons, especially in high-risk specialties, to have strong medical malpractice insurance.

Requirements: No legal requirement in the state of California for most providers to carry medical malpractice insurance.

Payout Total: The total medical malpractice payout in California for 2022 was $184,773,750.

Recommendation: SURGPLI recommends carrying medical malpractice insurance from an A-rated carrier as the most cost-effective way to protect yourself and your practice from financial harm.

Liability limits of $1 million per occurrence or claim and $3 million per annual aggregate are the standard policy amounts.

Each carrier uses its own proprietary methods of setting rates, causing rates to vary among carriers and specialties. Carriers typically consider factors such as practice location, surgical specialty, and past claims history. Each malpractice insurance policy is underwritten individually, but the following rates are estimates to give you an idea of costs by high-risk specialty.

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

Regardless of state law, many California hospitals and health centers require surgeons to carry medical malpractice insurance if they want admitting privileges. Discuss the requirements of your coverage limits with a SURGPLI insurance broker.

Also, if you are a contracted surgeon in a high-risk specialty needing tail insurance coverage, you may need more coverage than the minimum required by your hospital. SURGPLI specializes in both medical malpractice insurance and tail insurance coverage for California surgeons, so reach out to us for a personalized quote based on your unique needs.

Surgeons in California have many options for obtaining medical malpractice insurance, but we recommend carriers rated “A” by A.M. Best. These companies are A-rated because of their long-term financial solvency and a history of successfully defending California surgeons. Some of the top carriers include:

• The Doctors Company
• NORCAL Group (A Part of ProAssurance)
• Medical Protective
• Coverys Group

• CAP MPT
• Lone Star Alliance RRG
• Admiral Insurance Co
• MIEC

SURGPLI will serve as your single point of contact to get a wide range of quotes from A-rated carriers, then promptly review your options with you to find the best fit.

GET A QUICK QUOTE

California Medical Malpractice Insurance

There are 3 types of medical malpractice insurance for surgeons in California:

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. Learn more about claims-made insurance here. 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. 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 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.

Since California has no cap on economic damages awarded in medical malpractice cases, surgeons are more vulnerable to personal loss if they don’t have strong malpractice insurance. 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; 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; failing to close a bleeding vein or artery.

California was an early leader in tort reform, passing the Medical Injury Compensation Reform Act (MICRA) in 1975. The Act placed a $250,000 cap on non-economic damages in medical malpractice cases. Subsequent tort reform over the next several decades included imposing limits on attorney’s fees, imposing shared liability rules, and a new code requiring a patient to notify the healthcare provider of their intent to file a lawsuit at least 90 days before doing so.

• The recent passing of Assembly Bill 35 (AB35) modified MICRA and mandated the state’s first cap adjustments for non-economic medical malpractice damages since 1975:
• As of January 1, 2023, AB35 raised the previous limit of $250,000 on non-economic damages for non-death cases to $350,000. Incremental increases over the next 10 years will raise the cap to $750,000, followed by a 2% annual adjustment for inflation in subsequent years.
• The limit for malpractice cases involving wrongful deaths has increased to $500,000 and will rise incrementally to $1 million over the next 10 years. The subsequent 2% annual adjustment for inflation will also apply.
• Additional mandates in AB35 now allow patients to sue and collect compensation for economic damages from three separate sources – doctors, hospitals, and “separate, unaffiliated” providers such as specialty surgeons in private practice.

In California there is no limit on the amount of compensation a plaintiff can recover for economic damages, such as actual costs of the medical care necessitated by the malpractice, lost income, lost future earning capacity, and any other measurable economic losses attributable to the defendant’s malpractice.

The following are the major guidelines for California’s statute of limitations for medical malpractice claims:

• A medical malpractice lawsuit must be filed within three years after the date of injury or one year after the injury is discovered (or should have been discovered), whichever occurs first
• There is no filing deadline for cases where a foreign object was left in the patient
• Exceptions to the deadline (for both minors and adults) can be made when the health care provider intentionally acts to defraud the patient or hide a mistake
• Claims filed by or on or behalf of minors under the age of six must be filed “within three years of the occurrence of the malpractice, or prior to the child’s eighth birthday, whichever timeline provides a larger filing window”
• Claims filed by or on or behalf of minors over the age of six must be filed within three years of the date of malpractice

Reach out to SURGPLI to ensure you have strong medical malpractice coverage for your private surgical practice in California. SURGPLI insurance brokers also specialize in helping contracted surgeons obtain tail coverage when changing jobs. Whether you’re an OB/GYN specialist in Los Angeles, a neurosurgeon in San Diego, or an orthopedic surgeon in San Jose, we’ll help you obtain coverage from an A-rated carrier.

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 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.