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.

Massachusetts Surgeons 2024 Buying Guide to Medical Malpractice Insurance

2024-11-27T18:11:42+00:00

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Medical Malpractice Insurance

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Massachusetts Surgeons 2024 Buying Guide to Medical Malpractice Insurance

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.

2024 Medical Malpractice Coverage and Rates for 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.

Massachusetts 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 Massachusetts 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 $45,000 $90,000 $55,000
Obstetrics and Gynecology Major Surgery $70,000 $140,000 $80,000
Orthopedic Surgery No Spine $40,000 $80,000 $50,000
Orthopedic Surgery Spine $60,000 $120,000 $70,000
Plastic Surgery $45,000 $90,000 $55,000
Bariatric Surgery $70,000 $140,000 $80,000
Neurosurgery $80,000 $160,000 $90,000

*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.

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

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.

Types of Professional Liability Insurance for Massachusetts Surgeons

 

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.

Understand Your Risk of Malpractice Claims in Massachusetts

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.

Tort Reform in Massachusetts

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.

Massachusetts’s Damage Caps on Medical Malpractice Lawsuits

  • 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.

Massachusetts’s Statute of Limitations for Medical Malpractice Claims

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.

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 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

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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Massachusetts Surgeons 2024 Buying Guide to Medical Malpractice Insurance2024-11-27T18:11:42+00:00

Virginia Surgeons 2024 Buying Guide to Medical Malpractice Insurance

2024-11-27T18:09:57+00:00

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Medical Malpractice Insurance

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1. Virginia Surgeons 2024 Buying Guide to Medical Malpractice Insurance

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.

2. 2024 Medical Malpractice Coverage and Rates for Virginia

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.

3. Virginia 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 Virginia 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 $80,000 $160,000 $90,000
Orthopedic Surgery No Spine $40,000 $80,000 $50,000
Orthopedic Surgery Spine $75,000 $150,000 $85,000
Plastic Surgery $50,000 $100,000 $60,000
Bariatric Surgery $80,000 $160,000 $90,000
Neurosurgery $90,000 $180,000 $100,000

*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.

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

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

GET A QUOTE TODAY

Save time and get a wide range of A-rated carrier quotes.

5. Types of Professional Liability Insurance for Virginia Surgeons

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.

6. Understand Your Risk of Malpractice Claims in Virginia

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.

7. Tort Reform in Virginia

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.

8. Virginia’s Damage Caps on Medical Malpractice Lawsuits

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.

9. Virginia’s Statute of Limitations for Medical Malpractice Claims

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.

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

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

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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Virginia Surgeons 2024 Buying Guide to Medical Malpractice Insurance2024-11-27T18:09:57+00:00

Ohio Surgeons 2024 Buying Guide to Medical Malpractice Insurance

2024-11-27T18:10:15+00:00

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Medical Malpractice Insurance

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Ohio Surgeons 2024 Buying Guide to Medical Malpractice Insurance

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.

2024 Medical Malpractice Coverage and Rates for Ohio

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.

Ohio 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 Ohio 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 $70,000 $140,000 $80,000
Orthopedic Surgery No Spine $40,000 $80,000 $50,000
Orthopedic Surgery Spine $65,000 $130,000 $75,000
Plastic Surgery $45,000 $90,000 $55,000
Bariatric Surgery $70,000 $140,000 $80,000
Neurosurgery $80,000 $160,000 $160,000

*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.

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

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.

Types of Professional Liability Insurance for Ohio Surgeons

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.

Understand Your Risk of Malpractice Claims in Ohio

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.

Tort Reform in Ohio

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.

Ohio’s Damage Caps on Medical Malpractice Lawsuits

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

Ohio’s Statute of Limitations for Medical Malpractice Claims

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.

Need Medical Malpractice Insurance in Ohio? Request a Quote Today

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

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.

Read the latest From SURGPLI

Contact us for a oh MEDICAL MALPRACTICE INSURANCE quote

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Ohio Surgeons 2024 Buying Guide to Medical Malpractice Insurance2024-11-27T18:10:15+00:00

Michigan Surgeons 2024 Buying Guide to Medical Malpractice Insurance

2024-11-27T18:10:26+00:00

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Medical Malpractice Insurance

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Michigan Surgeons 2024 Buying Guide to Medical Malpractice Insurance

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.

2024 Medical Malpractice Coverage and Rates for Michigan

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.

Michigan 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 Michigan 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 $70,000 $140,000 $80,000
Obstetrics and Gynecology $90,000 $180,000 $100,000
Orthopedic Surgery No Spine $50,000 $100,000 $60,000
Orthopedic Surgery Spine $80,000 $160,000 $90,000
Plastic Surgery $70,000 $140,000 $80,000
Bariatric Surgery $90,000 $180,000 $100,000
Neurosurgery $100,000 $200,000 $110,000

*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.

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

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.

Types of Professional Liability Insurance for Michigan Surgeons

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.

Understand Your Risk of Malpractice Claims in Michigan

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.

Tort Reform in Michigan

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.

Michigan’s Damage Caps on Medical Malpractice Lawsuits

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.

Michigan’s Statute of Limitations for Medical Malpractice Claims

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.

Need Medical Malpractice Insurance in Michigan? Request a Quote Today

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

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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Michigan Surgeons 2024 Buying Guide to Medical Malpractice Insurance2024-11-27T18:10:26+00:00

Illinois Orthopedic Surgeons Guide to Medical Malpractice Insurance

2024-11-27T18:10:36+00:00

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Medical Malpractice Insurance

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Illinois Orthopedic Surgeons Guide to Medical Malpractice Insurance

If you are an Illinois orthopedic surgeon in private practice, or planning to open a new practice in Illinois, use this guide prepared by independent SURGPLI insurance brokers to give you a concise overview of medical malpractice insurance. Then contact a SURGPLI insurance broker to discuss your coverage needs and get a quote.

Illinois Orthopedic Surgeons Need Robust Malpractice Coverage

Illinois is recognized as a destination for innovative orthopedic surgery. For example, Rush University Medical Center in Chicago was ranked #8 in the nation for high-performing orthopedic surgical care on the 2023-2024 “Best Hospitals Honor Roll” by U.S. News and World Report. Illinois orthopedic surgeons specializing in foot and ankle procedures, sports medicine, and orthopedic trauma surgery, in particular, are in constant demand to meet increasing patient volumes throughout the state.

However, Illinois is also among the top 10 most litigious U.S. states for medical malpractice. The National Practitioner Data Bank reports that more than 1,500 medical malpractice claims were filed in Illinois in 2022. That’s why Illinois orthopedic surgeons need robust and affordable medical malpractice coverage.

As your only trusted broker, SURGPLI will help you find the right coverage at the best rate in Illinois.

Medical Malpractice Insurance Requirements for Illinois Orthopedic Surgeons

Illinois law does not require orthopedic surgeons to carry medical malpractice insurance to practice in the state. The standard limits of liability in Illinois are $1,000,000 Each Claim / $3,000,000 Aggregate per year in coverage.

SURGPLI strongly recommends securing coverage from an A-rated carrier as the most cost-effective way to protect against devastating financial loss if you are sued for malpractice in Illinois. As an independent broker, we specialize in medical malpractice insurance for orthopedic surgeons. We work for you to find the best policy at a great price.

Cost of Medical Malpractice Insurance for Illinois Orthopedic Surgeons

Each insurance carrier uses its own proprietary methods of setting the cost of medical malpractice insurance. Carriers consider factors such as practice location, surgical specialty, and past claims history.

In Illinois, the areas that typically carry the highest rates are: Chicago (Cook County); Madison and St. Clair Counties (Metro East Illinois counties adjacent to the Greater St. Louis, MO, area).

The following are approximate medical malpractice insurance premium rates for orthopedic surgeons across all Illinois areas:

Specialty Approximate Claims Made Rate Approximate Tail Rate Approximate Occurrence Rate
Orthopedic surgery $100,000 $200,000 $125,000

*Using the IL standard limits of $1,000,000 Each Claim / $3,000,000 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.

Types of Professional Liability Insurance for Illinois Orthopedic Surgeons

Here is an brief overview of the most common types of medical malpractice insurance in Illinois:

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

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 for orthopedic surgeons.

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

Let a SURGPLI Broker Help You Choose the Best Policy for Your Practice

Every medical specialist’s situation is unique, so we recommend a conversation with a SURGPLI insurance broker to discuss the unique needs of your Illinois practice. Your SURGPLI broker will explain the benefits and limitations of each type of medical malpractice insurance to ensure you get the right type and amount of coverage for your orthopedic surgery specialty at the best rate.

Get Quotes from A-rated Carriers Serving Illinois Orthopedic Surgery

SURGPLI insurance brokers will obtain quotes from medical malpractice insurance from carriers rated “A” by A.M. Best for their long-term financial solvency and robust legal support of policyholders. Some of the top carriers include:

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

Why Orthopedic Surgeons Are Classified as High Risk by Medical Malpractice Insurance Companies

Medical malpractice insurance underwriters classify orthopedic surgery as a high-risk specialty because surgical errors or post-surgical complications could be devastating to the patient’s mobility, physical well-being, and quality of life. These include high-risk surgeries for total knee and hip replacement, spinal fusion and laminectomy, and procedures on the hand and foot.

Top Reasons Why Illinois Orthopedic Surgeons Are Sued

A review of malpractice claims by The Doctors Company, an “A” rated medical malpractice insurance carrier, found that the top three major orthopedic surgical injuries were related to “an aggravated or worsened preoperative condition”, including increased pain, decreased mobility, nerve damage, and postoperative pain. Other potential orthopedic errors that most often trigger malpractice litigation include:

  • Surgical site infections causing post-operative complications
  • Extensive bleeding in spinal procedures
  • Major blood vessel injury
  • Deep vein thrombosis and pulmonary embolism post-operative

In addition, some of the most often cited allegations in Illinois orthopedic surgery medical malpractice cases include:

  • Failure to diagnose fractures
  • Improper treatment of fractures
  • Failure to diagnose nerve impingement
  • Operating on the wrong body part
  • Improper placement of a replacement bone

Orthopedic surgeons can reduce their risk of a malpractice lawsuit by implementing a comprehensive risk management strategy.

Illinois’ Medical Malpractice Insurance Legislation

Consulting with a SURGPLI insurance broker who understands the complexities of Illinois’ medical malpractice laws will ensure that your orthopedic surgery practice is protected with the right amount of coverage.

Illinois’ Damage Caps on Medical Malpractice Lawsuits

Illinois currently has no limit on compensation for economic and non-economic patient injuries as a result of medical malpractice. However, Illinois does not allow rewards for punitive damages in medical malpractice lawsuits.

Illinois’ Statute of Limitations for Medical Malpractice Claims

According to state law, conditions for filing a medical malpractice lawsuit in Illinois are:

  • Within two (2) years from the date the patient knew or should have known of the injury
  • Illinois law prohibits patients from bringing a lawsuit more than four (4) years after the medically negligent act occurred
  • There is a special statute of limitations for patients who are minors at the time the medical malpractice occurred. Anyone under the age of 18 has up to eight (8) years to file a lawsuit, as long as the suit is filed before the patient turns 22.

Orthopedic Surgery Medical Malpractice Outcomes in Illinois

With no cap on economic damages and non-economic damages, orthopedic surgeons in Illinois are more vulnerable to personal financial loss if they do not have robust medical malpractice insurance. The total medical malpractice payout in Illinois was $148,628,000 in 2022. The following examples of Illinois medical malpractice lawsuits found in favor of the plaintiff or settled show the critical need for orthopedic surgeons to have strong liability coverage:

$1.1 Million Settlement
An orthopedic surgeon was sued for alleged surgical negligence after the 57-year-old patient was left with unequal leg lengths after hip replacement surgery.

Jury Awards $820,000
The plaintiff brought suit alleging negligent nerve injury to the right hand during surgery for carpal tunnel release.

How SURGPLI Brokers Help Orthopedic surgeons Save Time and Money on Medical Malpractice Insurance

Working with SURGPLI as your trusted broker takes the guesswork and effort out of trying to get the right coverage at the best rate on your own. We help you save time and money by:

  • Researching all of your best coverage, rate, and “A” rated carrier options that specifically meet the requirements of your specialty and practice location in Illinois
  • Asking about any policy discounts offered for a new practice, medical association members, or physicians with no previous claims, for example. Some of our carrier partners offer discounts for risk management and provide CMEs.
  • Researching flexible payment options offered by carriers to best fit the budget for your practice.
  • Reviewing and consulting with you on all quotes, payment options, and possible discounts to help you make the best choice of coverage and rate for your needs.

Have Questions? Need a Quote? Ask a SURGPLI Insurance Broker Now.

SURGPLI insurance brokers are ready to help you navigate the complexities of California’s MICRA medical malpractice tort reforms and secure the right amount of coverage for your orthopedic surgery practice. From submitting your application, obtaining the best rates for new policies and renewals from “A” rated carriers, and more, SURGPLI is the only medical malpractice insurance broker you’ll need.

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

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.

Read the latest From SURGPLI

Contact us for a CA MEDICAL MALPRACTICE INSURANCE quote

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Illinois Orthopedic Surgeons Guide to Medical Malpractice Insurance2024-11-27T18:10:36+00:00

General Surgeons: Strategies to Reduce Your Risk for Medical Malpractice Lawsuits

2024-11-27T18:10:45+00:00

As a general surgeon, you’re probably already aware that you need robust medical malpractice insurance to reduce your risk of financial loss if you are sued for malpractice. According to a new study from the American Medical Association (AMA), general surgeons rank up there with orthopedic surgeons and OB/GYNs at the highest risk of being sued for malpractice during their careers. The data indicated that nearly 60% of general surgeons had been sued as of 2022. Even the most competent and qualified surgeons are likely to face medical malpractice allegations at some point.

Are you shopping for ongoing medical malpractice insurance or just Standalone Tail coverage for a job you are leaving? A SURGPLI insurance broker can help you obtain the right coverage for your specialty and unique situation. We shop the top “A” rated insurance carriers to get you strong, reliable coverage, at the best pricing available. Get a quote now.

Understand Your Risk of Being Sued for Malpractice

In addition to having strong medical malpractice insurance, putting a comprehensive risk management strategy in your practice can improve patient outcomes, reducing your risk of being sued for medical malpractice. To help you better understand your risk, this article looks at some of the surgical and diagnostic incidents that have been noted in medical malpractice allegations against general surgeons.

  • Improper performance of surgery
    A study of claims data by MedPro Group, an “A” rated medical malpractice insurance carrier, indicated that more than 70% of general surgery malpractice lawsuits are related to allegations of poor surgical treatment. Cholecystectomy was the most often cited procedure in these cases, followed by hernia repair, resection/colectomy, and appendectomy.
  • Improper management of surgical patients
    Nearly 30% of the claims in MedPro’s study related to general surgery cases cited allegations of the surgeon’s poor response to the patient’s postoperative complications. This includes the surgeon’s failure to quickly recognize and treat infections, blood clots, hemorrhages, and other potentially life-threatening complications.
  • Retained surgical items
    Although named in only 4% of general surgery claims, the rare incidents involving retained surgical items (RSIs) are serious allegations against general surgeons since RSIs can result in infection, other potentially life-threatening complications, and the need for additional surgeries.

Tips for a Strong Risk Management Strategy

Building and continually fine-tuning a risk management strategy for your general surgery practice is one of the best ways to reduce the risk of surgical errors and improve postoperative patient communication and safety while minimizing your risk of being sued for medical malpractice.

The following key recommendations for a strong risk management strategy are covered in MedPro’s comprehensive checklist of “Risk Management Considerations in Surgical Practice”:

  • Reduce the risk of improper surgical technique and missed patient complications.
    Establish an ongoing plan for reassessment of your own and your medical staff’s surgical skills and competency in the latest surgical techniques and equipment. Also, establish and maintain a comprehensive and consistent procedure for post-surgical patient assessment. To reduce missed post-op complications, foster active communication and collaboration with the entire surgical care team to coordinate patient care before, during, and after surgery.
  • Reduce the risk of diagnostic errors.
    Reduce the risk of misdiagnosis or missing any underlying medical conditions by confirming that all test results and evaluations have been ordered, documented, and reviewed.
  • Be diligent about complete and accurate documentation.
    Ensure that each patient’s case has accurate documentation of the surgery, including preoperative assessments and preparation, intra-operative steps and incidents, and the sequence of postoperative events. In case of a malpractice claim, having complete and comprehensive documentation will help your lawyers build a stronger defense.
  • Complete a risk management program and get a dicount on medical malpractice insurance.
    MedPro and many of the other “A” rated carriers that SURGPLI works with offer discounts on medical malpractice insurance premiums to doctors who complete online risk management programs for private medical practices. Ask a SURGPLI insurance broker about this and other ways to qualify for a discount on medical malpractice insurance premiums.

Need Medical Malpractice Insurance for Your General Surgery Practice?
Reach Out to SURGPLI.

Independent SURGPLI medical malpractice insurance brokers understand the robust coverage requirements of general surgeons. We’ll help you find the right policy for your specialty from “A” rated carriers.

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

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General Surgeons: Strategies to Reduce Your Risk for Medical Malpractice Lawsuits2024-11-27T18:10:45+00:00

California Orthopedic Surgeons Guide to Medical Malpractice Insurance

2024-11-27T18:11:03+00:00

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Medical Malpractice Insurance

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California Orthopedic Surgeons Guide to Medical Malpractice Insurance

If you are a California orthopedic surgeon in private practice, or planning to open a new practice in California, use this guide prepared by independent SURGPLI insurance brokers to give you a concise overview of medical malpractice insurance. Then contact a SURGPLI insurance broker to discuss your coverage needs and get a quote.

California is a Destination for Orthopedic Surgery

California has the largest number of orthopedic surgeons in the U.S., according to 2023 data from the U.S. Bureau of Labor Statistics. Also, six California healthcare systems were named as “best for orthopedics” among the 65 recipients of the 2023 Choice Awards by Medscape and WebMD.

While California is a destination for orthopedic surgery, it is also a highly litigious state with approximately 16.9 medical malpractice lawsuits brought for every 100,000 residents (Source: National Practitioner Data Bank). That’s why California orthopedic surgeons need robust medical malpractice insurance.

As your only trusted broker, SURGPLI will help you find the right coverage at the best rate in California.

Medical Malpractice Insurance Requirements for California Orthopedic Surgeons

California orthopedic surgeons are not legally required to carry medical malpractice insurance. However, many California hospitals and health centers require physicians and surgeons to carry medical malpractice insurance if they want admitting privileges. The standard limits of liability in California are $1,000,000 Each Claim / $3,000,000 Aggregate per year in coverage.

SURGPLI strongly recommends securing coverage from an A-rated carrier as the most cost-effective way to protect against devastating financial loss if you are sued for malpractice in California. As an independent broker, we specialize in medical malpractice insurance for orthopedic surgeons. We can help you find the best coverage at a great price.

Cost of Medical Malpractice Insurance for California Orthopedic Surgeons

Each insurance carrier uses its own proprietary methods of setting the cost of medical malpractice insurance for orthopedic surgeons. Carriers consider factors such as practice location, surgical specialty, and past claims history.

The following are approximate medical malpractice insurance premium rates for orthopedic surgeons across all California areas:

Specialty Approximate Claims Made Rate Approximate Tail Rate Approximate Occurrence Rate
Orthopedic surgery $40,000 $80,000 $50,000

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

Get Quotes from A-rated Carriers Serving California Orthopedic Surgeons

SURGPLI insurance brokers will obtain quotes from medical malpractice insurance from carriers rated “A” by A.M. Best for their long-term financial solvency and robust legal support of policyholders. Some of the top carriers include:

  • The Doctors Company
  • Medical Protective
  • Coverys Group
  • Lone Star Alliance RRG
  • CAP MPT
  • MIEC
  • NORCAL Group (A Part of ProAssurance)

Types of Professional Liability Insurance for California Orthopedic Surgeons

Here is a brief overview of the most common types of medical malpractice insurance for orthopedic 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

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 for orthopedic surgeons.

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

Top Reasons Why California Orthopedic Surgeons Are Sued

A review of malpractice claims by The Doctors Company, an “A” rated medical malpractice insurance carrier, found that the top three major orthopedic surgical injuries were related to “an aggravated or worsened preoperative condition”, including increased pain, decreased mobility, nerve damage, and postoperative pain. Other potential orthopedic errors that most often trigger malpractice litigation include:

  • Surgical site infections causing post-operative complications
  • Extensive bleeding in spinal procedures
  • Major blood vessel injury
  • Deep vein thrombosis and pulmonary embolism post-operative

In addition, some of the most often cited allegations in California orthopedic surgery medical malpractice cases include:

  • Misdiagnosis of ACL tear
  • Delayed diagnosis of Achilles tendon rupture
  • Failure to recognize and/or treat post-surgical infections
  • Surgical injuries leading to permanent disability
  • Implant failure leading to infection

Orthopedic surgeons can reduce their risk of a malpractice lawsuit by implementing a comprehensive risk management strategy.

Consulting with a SURGPLI insurance broker who understands the complexities of California’s medical malpractice laws will ensure that your orthopedic surgery practice is protected with the right amount of coverage.

California’s Damage Caps on Medical Malpractice Lawsuits

The 2023 passing of Assembly Bill 35 (AB35) modified California’s Medical Injury Compensation Reform Act (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.

California’s Statute of Limitations for Medical Malpractice Claims

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

Orthopedic Surgery Medical Malpractice Outcomes in California

With no cap on economic damages, and incremental increases of the cap on non-economic damages over the next 10 years, orthopedic surgeons in California are more vulnerable to personal financial loss if they do not have robust medical malpractice coverage. The total medical malpractice payout in California was $184,773,750 in 2022. The following examples of California medical malpractice lawsuits found in favor of the plaintiff, or paid as a settlement, show the critical need for orthopedic surgeons to have strong liability coverage:

Jury Awards $1.2 Million
The jury found that the surgeon was negligent in performing ACL surgery, which resulted in the patient needing vascular surgery for an aneurysm that cut off blood circulation to the leg and foot. The patient required three additional vascular surgeries.

Jury Awards $532,521
The plaintiff suffered the amputation of the left leg above the knee as a result of the surgeon’s misdiagnosis of a post-surgical infection, which led to necrotizing fasciitis.

How SURGPLI Brokers Help Orthopedic surgeons Save Time and Money on Medical Malpractice Insurance

Working with SURGPLI as your trusted broker takes the guesswork and effort out of trying to get the right coverage at the best rate on your own. We help you save time and money by:

  • Researching your best coverage, rate, and “A” rated carrier options that specifically meet the requirements of your specialty and practice location in California.
  • You fill out one application and we provide multiple quotes.
  • Asking about any policy discounts offered for a new practice, medical association members, or physicians with no previous claims, for example.
  • Researching flexible payment options offered by carriers to best fit the budget for your practice.
  • Reviewing and consulting with you on quotes, payment options, and possible discounts to help you make the best choice of coverage and rate for your needs.

Have Questions? Need a Quote? Ask a SURGPLI Insurance Broker Now.

SURGPLI insurance brokers are ready to help you navigate the complexities of California’s MICRA medical malpractice tort reforms and secure the right amount of coverage for your orthopedic surgery practice. From submitting your application, obtaining the best rates for new policies and renewals from “A” rated carriers, and more, SURGPLI is the only medical malpractice insurance broker you’ll need.

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

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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California Orthopedic Surgeons Guide to Medical Malpractice Insurance2024-11-27T18:11:03+00:00

Texas Surgeons Medical Malpractice Insurance Buying Guide 2024

2024-11-27T18:11:15+00:00

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Medical Malpractice Insurance

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Choose SURGPLI as Your Medical Malpractice Insurance Broker

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 Surgeons Need Strong Medical Malpractice Insurance to Protect Against Claims

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.

2024 Medical Malpractice Coverage and Rates for Texas

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.

Texas Estimated Malpractice Insurance Rates by Specialty

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.

Specialty Approximate Claims Made Rate Approximate Tail Rate
General Surgery $40,000 $80,000
Obstetrics and Gynecology  $60,000 $120,000
Orthopedic Surgery No Spine $40,000 $80,000
Orthopedic Surgery Spine $60,000 $120,000
Plastic Surgery $40,000 $80,000
Bariatric Surgery $60,000 $120,000
Neurosurgery $70,000 $140,000

*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.

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

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.

GET A QUICK QUOTE

California Medical Malpractice Insurance

Types of Professional Liability Insurance for Texas Surgeons

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.

Understand Your Risk of Malpractice Claims in Texas

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.

Tort Reform in Texas

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.

Damage Caps on Medical Malpractice Lawsuits for Texas

  • 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

Texas’ Statute of Limitations for Medical Malpractice Claims

  • 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.

Need Medical Malpractice Insurance in Texas? Request a Quote Today

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

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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Texas Surgeons Medical Malpractice Insurance Buying Guide 20242024-11-27T18:11:15+00:00

Florida Surgeons Medical Malpractice Insurance Buying Guide 2024

2024-02-28T23:46:50+00:00

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Medical Malpractice Insurance

First Step - Step 1 of 2

Choose SURGPLI as Your Medical Malpractice Insurance Broker

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.

Florida Surgeons Need Robust Medical Malpractice Insurance For Their High Risk Specialties

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.

2024 Medical Malpractice Coverage and Rates for Florida

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.

Florida Estimated Malpractice Insurance Rates by Specialty

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.

Specialty Approximate Claims Made Rate Approximate Tail Rate Approximate Occurrence Rate
General Surgery $84,000 $158,000 $98,800
Obstetrics and Gynecology Major Surgery $120,000 $230,000 $142,000
Orthopedic Surgery No Spine $84,000 $158,000 $98,800
Orthopedic Surgery Spine $75,000 $150,000 $90,000
Plastic Surgery $50,000 $100,000 $65,000
Bariatric Surgery $90,000 $180,000 $110,000
Neurosurgery $110,000 $220,000 $150,000

*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.

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

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.

GET A QUICK QUOTE

Florida Medical Malpractice Insurance

Types of Professional Liability Insurance for Florida Surgeons

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.

Understand Your Risk of Malpractice Claims in Florida

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.

2024 Medical Malpractice Insurance Requirements for Florida Surgeons

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

Florida Surgeon Medical Malpractice Coverage Recommendations

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

Tort Reform in Florida

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.)

Florida’s Damage Caps on Medical Malpractice Lawsuits

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.

Florida’s Statute of Limitations for Medical Malpractice Claims

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.

Need Medical Malpractice Insurance in Florida? Request a Quote Today

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

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.

Read the latest From SURGPLI

Contact us for a FL MEDICAL MALPRACTICE INSURANCE quote

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Florida Surgeons Medical Malpractice Insurance Buying Guide 20242024-02-28T23:46:50+00:00

California Surgeons Medical Malpractice Insurance Buying Guide 2024

2024-02-28T23:44:21+00:00

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Medical Malpractice Insurance

First Step - Step 1 of 2

Choose SURGPLI as Your Medical Malpractice Insurance Broker

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.

California Medical Malpractice Rates Are Expected to Rise in 2024

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.

2024 Medical Malpractice Coverage and Rates for California

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.

California Estimated Malpractice Insurance Rates by Specialty

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.

Specialty Approximate Claims Made Rate Approximate Tail Rate Approximate Occurrence Rate
General Surgery $65,000 $130,000 $75,000
Obstetrics and Gynecology Major Surgery $80,000 $160,000 $95,000
Orthopedic Surgery No Spine $27,000 $54,000 $32,400
Orthopedic Surgery Spine $75,000 $150,000 $90,000
Plastic Surgery $50,000 $100,000 $65,000
Bariatric Surgery $90,000 $180,000 $110,000
Neurosurgery $110,000 $220,000 $150,000

*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.

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

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

Types of Professional Liability Insurance for California Surgeons

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.

Understand Your Risk of Malpractice Claims in California

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.

MICRA Tort Reform and Damage Caps

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.

California’s Statute of Limitations for Medical Malpractice Claims

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

Need Medical Malpractice Insurance in California? Request a Quote Today

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

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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California Surgeons Medical Malpractice Insurance Buying Guide 20242024-02-28T23:44:21+00:00
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