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.

Texas Surgeons Medical Malpractice Insurance Buying Guide 2024

2024-12-23T19:09:25+00:00

GET A QUOTE

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 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.

Read the latest From SURGPLI

Contact us for a TX MEDICAL MALPRACTICE INSURANCE quote

First Step - Step 1 of 2

Texas Surgeons Medical Malpractice Insurance Buying Guide 20242024-12-23T19:09:25+00:00

Florida Surgeons Medical Malpractice Insurance Buying Guide 2024

2025-02-03T15:38:38+00:00

Jump to a Section

GET A QUOTE

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.

GET A QUICK QUOTE

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

First Step - Step 1 of 2

Florida Surgeons Medical Malpractice Insurance Buying Guide 20242025-02-03T15:38:38+00:00

California Surgeons Medical Malpractice Insurance Buying Guide 2024

2024-12-23T19:10:08+00:00

Jump to a Section

GET A QUOTE

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.

Read the latest From SURGPLI

Contact us for a CA MEDICAL MALPRACTICE INSURANCE quote

First Step - Step 1 of 2

California Surgeons Medical Malpractice Insurance Buying Guide 20242024-12-23T19:10:08+00:00

Tail Insurance For Florida Surgeons – Top Questions Answered

2024-12-23T18:51:04+00:00

Choosing an Extended Reporting Period (ERP) policy, or “tail coverage”, is one of the most important — and complicated — decisions surgeons must make when changing employers or transitioning to private practice.

As a Florida surgeon, you also must understand how Florida’s statutes of limitations in malpractice cases and other factors could affect your choice of tail malpractice coverage.

This is where an independent medical malpractice insurance broker’s expertise is crucial. Independent insurance brokers are experts in finding the best tail insurance options and rates from “A” rated carriers that also meet the needs of specific employment situations and surgical specialties.

We asked our team of insurance brokers to list the most commonly asked questions we get about tail insurance from Florida surgeons – plus give you the answers to help you get ready for a personalized consultation with SURGPLI.

1. Why do I need tail insurance?

When the Florida Supreme Court ruled that the state’s malpractice damage caps for economic and non-economic damages were unconstitutional, Florida surgeons without adequate malpractice coverage became much more vulnerable to severe financial loss in cases found for the plaintiff.

That’s one important reason why surgeons need tail insurance – to protect you from personal liability for any future malpractice claims made on incidents that occurred during your previous employment in Florida.

Your employer-provided malpractice coverage ends on the last day of your employment. If that policy was underwritten on a claims-made basis, as most are, you would be exposed to a lawsuit if a former patient files a claim against you before your new policy at your next employer or private practice goes into effect.

Tail insurance provides retroactive malpractice coverage for any claims made on incidents occurring from the first date of employment with your former employer.

2. When do I need to obtain tail coverage?

The best thing to do is to speak with a SURGPLI insurance broker about tail coverage options BEFORE you resign from your current job (and your employer’s malpractice policy expires). That way, you’ll be assured that your tail policy goes into effect immediately after your previous policy ends.

Typical scenarios that drive the need for tail coverage include:

  • Changing employment from one Florida-based hospital or medical group to another.
  • Transitioning from Florida-based employment to opening a private practice.
  • Moving from Florida to a different state for employment or to open a private practice.

Your SURGPLI insurance broker will always consider your individual employment situation when recommending options for tail policies and carriers.

3. My new employment is located in Florida. How do Florida’s statute of limitations for medical malpractice claims affect what tail insurance will cover?

Lifetime tail coverage policies are available, and although more expensive than annual policies with specific end dates, you may want the peace of mind of continuing coverage.

An independent insurance broker will work with you to determine the length of tail coverage that provides the best protection in light of Florida’s current statute of limitations for medical malpractice claims listed below – and meets your comfort zone for risk:

  • 2 years – 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.
  • 4 years – The statute of limitations might be extended to four years in cases where the injury was not immediately discoverable.
  • 7 years – For cases that involve intentional misrepresentation, concealment or fraud, the statute of limitations is seven years.
  • 8 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.

4. My new employment is located in another state. Will a tail policy cover me for claims made on incidents that occurred during the time I practiced in Florida?

Yes. Tail coverage is retroactive from the first date of employment with your former employer, regardless of the location of your new job.

For example, say you started working for a Florida clinic on March 1, 2017. Your last day of employment and employer-provided malpractice coverage was January 15, 2023. You now practice at a hospital in Illinois. On June 1, 2023, a former patient files a malpractice claim regarding an incident that occurred in 2021 while you were practicing in Florida. Your tail policy would cover that claim.

5. I’m moving from Florida to practice in a state that doesn’t require malpractice insurance. Do I still need tail coverage, and if so, why?

Even in states that don’t mandate medical malpractice insurance, it is always in the best interest of Florida surgeons to have a medical liability policy to protect against the likelihood of being sued.

Why? If convicted in a lawsuit, you could face devastating financial losses since Florida does not cap the amount of compensation that can be awarded for non-economic damages in medical malpractice claims. So yes, you would still need tail coverage to manage the financial risk of having a claim made against you for an incident that happened during the time you worked for your former employer in Florida.

Consider the following example of a surgeon who changes employers, but does not have tail coverage:

In 2022, a claim is brought against the surgeon for an incident that happened while working for the previous employer in 2015. Because there is no tail coverage in place, the surgeon is personally liable for paying all of the legal costs and indemnity payouts at trial.

A tail policy would have covered that claim, and legal defense would have been provided by the carrier.

6. Tail insurance offered by my soon-to-be previous employer is very expensive! How can I get a better rate?

The cost of tail insurance is typically 200% of the yearly premium you were paying for your policy at your previous job. However, SURGPLI can give you many more options than your former employer’s tail insurance plan.

Our independent medical malpractice insurance brokers have helped Florida surgeons save significantly on tail coverage. We give you our best recommendations of carriers and policies that best fit the needs of your specialty and practice environment. Your SURGPLI insurance broker will do all of the research for you to find competitive rates from “A” rated carriers with a stellar track record for defending their policyholders in malpractice cases.

7. I need tail insurance now. What are my best options?

SURGPLI insurance brokers are ready to answer your questions and more! If you are a Florida surgeon planning to change employers or start a private practice, don’t wait. We can help you secure the right tail coverage and rates for your employment situation and specialty.

Get a free tail insurance evaluation from SURGPLI now.

Get a fast quote for tail 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 free evaluation or TAIL INSURANCE quote

First Step - Step 1 of 2

Tail Insurance For Florida Surgeons – Top Questions Answered2024-12-23T18:51:04+00:00

The Surgeon’s Guide to Tail Insurance

2024-12-23T18:51:12+00:00

Surgeons Opening a Private Practice or Changing Employers Need Tail Insurance

Are you planning to change employers soon, or intending to leave a medical group to open your own private surgical practice?

Exploring your options for Extended Reporting Period (ERP) coverage, also known as medical malpractice “tail” insurance, needs to be a priority long before you even turn in your resignation.

The first thing you need to know is that your employer will likely offer you a tail coverage option, but at a premium that typically runs 200% of the cost of your expiring claims-made medical malpractice policy. The good news is that you can often save 20% on tail coverage – and get expert assistance in choosing the best standalone tail policy for your surgical specialty and practice location – by partnering with an independent malpractice insurance broker. Experienced MEDPLI tail insurance insurance brokers are ready to help you save money on your tail policy.

Tail Insurance for Surgeons Explained

What is tail insurance?

Your employer-provided malpractice policy ends on your last day of work. Tail insurance is a standalone policy that protects you from liability for any future malpractice claims made on incidents that occurred during the time of your previous employment. Coverage is retroactive for any claims made on incidents occurring from the first date of work with your former employer.

How Do Surgeons Know If They Need Tail Insurance?

Tail insurance is only necessary if your previous malpractice insurance policy from your former employer was a form of claims-made, also known as claims-paid, malpractice insurance.

Why Surgeons Need Tail Insurance

If you don’t have tail insurance, you would be exposed to a lawsuit if a surgical patient you treated during your former employment files a claim against you before your new employer’s malpractice insurance coverage goes into effect. A tail policy also covers you if a former patient makes a claim several months or years after the incident occurred.

Also, studies have shown that historically, surgeons are more vulnerable to medical malpractice claims than physicians in non-surgical fields. For example, general surgeons and those in the practice of orthopedics, OB/GYN, plastic surgery, and urology are among the top 10 medical specialists most likely to be sued.

If you are a surgeon without tail insurance, you would be personally liable for all legal fees and indemnity payouts at trial for a claim made by a former patient. A tail policy will cover those expenses, and the policy carrier will provide your legal defense.

How Tail Insurance Provides Liability Protection

Tail insurance covers surgeons for liability for malpractice claims for incidents that occurred during previous employment but may have not affected the patient adversely enough to trigger a claim until months or years later.

The following are examples of previously occurring incidents that may result in future malpractice claims covered by a tail policy:

  • A surgical instrument left inside a patient that is discovered during a future surgery, or when it causes an emergent medical condition.

  • A missed diagnosis of cancer that is discovered months or years later when the cancer has become metastasized.

  • Long-term effects of an iatrogenic patient injury during surgery that have become worse over time to severely limit mobility or ability to work, and diminish overall quality of life.

How SURGPLI Helps Surgeons Save Money on Tail Insurance

SURGPLI can often save you 20% on average by giving you the most affordable options for standalone tail policies from individual carriers. Those savings are more important than ever – malpractice insurance premiums are increasing each year due to trends in higher payouts to plaintiffs and legal fees. Surgeons should expect the cost of employer-provided tail premiums to increase as well.

Your SURGPLI insurance broker can help you choose the best and most affordable tail insurance coverage by:

  • Saving you time, effort, and money by finding the right standalone tail insurance policy and rates to cover the unique malpractice risks and requirements of your surgical specialty.

  • Obtaining tail policies from “A” rated malpractice insurance carriers known for their excellent track record in defending surgeons against claims, as well as for business and financial stability.

  • Providing you with all viable standalone tail insurance options from a wide range of carriers as an alternative to exorbitantly priced employer or hospital-provided policies.

Ready to change jobs? Get a free tail insurance evaluation from SURGPLI now.

Don’t wait. Talk to a SURGPLI insurance broker about your standalone tail insurance needs today. Learn how you can save money on tail policy rates – and how to get the best protection against malpractice claims from your previous employment.

Get a fast quote for tail 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 free evaluation or TAIL INSURANCE quote

First Step - Step 1 of 2

The Surgeon’s Guide to Tail Insurance2024-12-23T18:51:12+00:00

Orthopedic Surgeons Guide to Managing Malpractice Risk

2024-12-23T18:52:12+00:00

Orthopedic surgeons are at a higher risk of being named in a malpractice lawsuit than other specialists. By knowing the incidents that are most likely to trigger malpractice allegations, orthopedic surgeons can better understand the risks of their specialty and how to address them proactively.

Iatrogenic injuries increase an orthopedic surgeon’s malpractice risk

Orthopedic surgery can be life changing for persons with chronic joint pain and limited mobility. According to an iData Research report, orthopedic surgeons in the U.S. perform over 1 million total knee and hip replacements annually, plus an estimated 1.62 million spinal procedures and over 300,000 interbody fusions.

While every type of surgery carries the risk of complications, the frequency and complexity of these orthopedic procedures heighten the possibility of iatrogenic injuries to the patient — and increase the orthopedic surgeon’s exposure to medical malpractice litigation. This article takes a look at the surgical complications most often named in malpractice claims and discusses ways to potentially reduce the risks for patient and surgeon alike.

Understanding the risk for orthopedic malpractice suits

Orthopedic surgeons rank among the top 10 surgical specialties most likely to be sued for malpractice.

The nature of the high-risk surgeries on the spine, knees, hips, hands, and feet in particular place high expectations for achieving the best outcomes of pain relief and restoring mobility. Because these procedures affect the patient’s ability to stand, walk, and perform everyday tasks, interoperative and post-surgical complications can be devastating to the patient’s physical well-being and quality of life.

Ironically, the types of orthopedic surgeries that are sought out most often by patients suffering back pain or joint issues are among the most risky – total knee and hip replacement, spinal fusion and laminectomy, and procedures on the hand and foot.

Specific types of orthopedic issues or injuries presented by the patient, and the complexity of the surgeries to correct them, can make orthopedic surgeons potentially more vulnerable to being sued.

Common Injuries Associated with Orthopedic Surgery Malpractice Claims

  • Spinal stenosis

  • Herniated lumbar disk

  • Compression of nerves in the lower spine

  • Knee ligament damage or injury

  • Hip fracture

  • Achilles tendon rupture

  • Scaphoid fractures of the wrist

Top Orthopedic Errors That Trigger Medical Malpractice Claims

According to the Medscape Orthopedist Malpractice Report 2021, surgical complications and injuries were indicated by 54% of the respondents as the primary reason for a malpractice suit against them. Poor surgical outcomes were the second most common reason, with failure or delay in diagnosing as the third. Orthopedic conditions most commonly misdiagnosed include ACL tears, Achilles tendon ruptures, femoral neck stress fractures, and scaphoid fractures.

A survey of malpractice claims by The Doctors Company found that the top three major surgical injuries were related to “an aggravated or worsened preoperative condition”, including pain, mobility, nerve damage, and postoperative pain.

Other potential orthopedic errors that most often trigger malpractice litigation include:

Common Errors Associated with Orthopedic Malpractice Claims

  • Misinterpreting CT scans and other diagnostic scans

  • Performing surgery on the wrong body part

  • Implants inserted incorrectly

  • Failure of implant components

  • Postoperative implant or prosthesis infections

  • Increased risk of bleeding in spinal surgeries and total joint replacement

  • Neurovascular injury to nerves or blood vessels around the knee

  • Sciatic nerve injury in hip replacements

  • Failure to achieve pain relief

  • Deep vein thrombosis developing into pulmonary embolism in total hip and knee replacements and hip fracture procedures

  • Failure to identify surgical site infections and other post-surgical complications

How Orthopedic Surgeons Can Reduce the Risk of Malpractice and Improve Patient Outcomes

All surgeries carry some risk for the patient, and even the most experienced and skilled surgeons encounter unexpected surgical complications. Engaging an experienced medical malpractice insurance broker to find the right coverage for your surgical specialty and practice is the first step in mitigating your professional and personal financial risk.

The Medscape Orthopedist Malpractice Report 2021 indicated that monetary awards of $100,000 to $500,000 were paid in orthopedic malpractice cases that were either settled or found in the plaintiff’s favor at trial. Plaintiffs were awarded up to $2.37 million in cases in which orthopedic sports medicine surgeons were sued for interoperative error.

Based on malpractice claim studies by The Doctors Company, here are a few other ways that you can potentially reduce some of the risk factors and improve outcomes for your orthopedic patients – and reduce your own exposure to malpractice suits:

  • Create a “prescreening” protocol in which you focus on “modifiable risk factors” and set expectations for surgical outcomes with the patient and family members. Talk to patients to confirm that they understand the risks and give informed consent. Overall, build a trusted relationship with each patient, and foster timely and responsive communication between the patient and your practice.

  • Keep meticulous records of every patient encounter, pre- and post-surgery. Document all treatments, procedures, and outcomes in the patient’s medical record precisely and in a timely manner. If you are sued for malpractice, lawyers will want to review all of the medical records pertaining to the claim. It’s to your advantage to have them well-documented and complete.

Need Medical Malpractice Insurance for Your Orthopedic Surgery Practice? SURGPLI can Help.

At SURGPLI, our experienced insurance brokers understand the robust coverage requirements of malpractice insurance for orthopedic surgeons. Let us help you choose the right policy for your needs from AM Best “A” rated carriers. Get a fast quote 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 quote on ORTHOPEDIC SURGEON medical malpractice insurance

First Step - Step 1 of 2

Orthopedic Surgeons Guide to Managing Malpractice Risk2024-12-23T18:52:12+00:00

Bariatric Surgeons Guide To Managing Malpractice Risk

2025-02-03T15:40:29+00:00

Bariatric surgeons are at a higher risk of being named in a malpractice lawsuit than other specialists. By knowing the surgical and diagnostic incidents that are most likely to trigger malpractice allegations, bariatric surgeons can better understand the risks of their specialty and how to proactively address them.

Bariatric Surgeons Save Lives

According to data reported by the U.S. Centers for Disease Control (CDC), the prevalence of obesity in the U.S. increased to 41.9% of the population as of 2020. Obesity can exacerbate serious comorbidities that contribute to chronic illness and premature death, such as type 2 diabetes, heart disease, stroke, and certain types of cancer.

Bariatric surgeons are at the forefront of shrinking the obesity epidemic in the U.S.

Such preventable underlying conditions can often be improved or reversed – and rapid weight loss achieved – when the patient’s obesity is treated with gastric bypass surgery or one of the other commonly performed bariatric surgical procedures.

Malpractice Risk is High for Bariatric Surgeons

Bariatric surgery can be life-changing when other methods of weight loss have failed. However, along with the reward of weight loss come the risks of common side effects with the potential to develop rapidly into painful, sometimes chronic, and even fatal complications.

Whether these complications develop due to intraoperative errors, iatrogenic patient injuries, or failure to catch and treat a post-op infection, bariatric surgeons are at a higher risk of being named in a malpractice lawsuit compared to other types of specialists.

For example, a Texas jury awarded the family of a gastric bypass surgery patient a $14.1 million verdict in 2020. The suit claimed that a post-operative severe vitamin B1 deficiency caused permanent brain damage requiring lifelong 24/7 care, but the patient died prior to the close of the case. The court found negligence by the treating physician and medical group in identifying and treating the B1 deficiency. However, the bariatric surgeon in the suit was also held liable for “triggering” the deficiency by performing the gastric bypass surgery.

As an independent medical malpractice broker, I recommend that bariatric surgeons obtain robust medical malpractice insurance from an AM Best “A” rated carrier to protect them against lengthy malpractice litigation and high-dollar payouts.

Top 3 Triggers of Bariatric Malpractice Claims

As the demand continues to grow for bariatric surgeons to perform highly specialized weight loss surgeries, its imperative that your practice develops a comprehensive risk management strategy to support improved patient outcomes, and as a result, reduce your risk of being sued for malpractice.

Below, you’ll find the results of recent bariatric malpractice claim studies to help you understand the risks of your specialty and how to proactively address them.

The following surgical and diagnostic incidents have been found to be the most likely to trigger bariatric malpractice allegations:

1. Improper surgical performance

Surgical errors and complications caused by improper surgical technique and decisions were cited in 94% of the cases reviewed in a recent study by “A” rated malpractice insurance carrier MedPro Group.

Lack of identifying and treating the following complications of laparoscopic sleeve gastrectomy (LSG) were among the most common allegations in the study – perforation of the bowel, and lacerations and slippage of the gastric bands.

Other surgical complications commonly leading to allegations of malpractice include:

  • Infection

  • Hernia

  • Hemorrhage

  • Bowel obstructions

  • Gastritis

  • Nausea, vomiting, diarrhea

  • Anastomotic strictures, ulcers, and leaks

  • Deficiencies and poor absorption of vitamins, minerals, and nutrients

2. Poor management of surgical patients

The MedPro study also revealed a strong connection between incidents of surgical errors and the timeliness of the surgeon’s response to developing complications. 81% of malpractice claims in the study arose from occurrences of critical patient outcomes due to poor clinical judgment.

These included pulmonary emboli and infections, due to the surgeon’s failure to quickly recognize, treat, and mitigate bowel perforations, anastomotic leaks, and other common complications of bariatric surgery.

3. Diagnostic errors and poor communication

Another study of bariatric surgery malpractice claims published in the Journal of Gastrointestinal Surgery cited that delay in diagnosing or managing anastomotic leaks as the cause of postoperative complications was the leading cause in 65% of the malpractice claims.

Other causes leading to allegations of incorrect or delayed diagnosis include: inadequate patient history or physical exam; failure to order the correct diagnostic tests; delays in receiving and/or reviewing test results; failure or delay in obtaining specialty consults.

The MedPro study found that poor communication among physicians, patients, and care teams was a key factor leading to both diagnostic errors/delays and improper management of surgical patients – and the third most common reason for the malpractice lawsuits in the study.

Fine Tune Your Bariatric Medical Malpractice Risk Management Strategy

Reducing your risk of being sued for malpractice starts with a comprehensive risk management strategy across every aspect of your practice. Based on the study data, MedPro study offers these risk management recommendations for bariatric surgeons:

  • Continually re-assess your surgical skills and competency to stay up to date with new procedures and surgical equipment. Allegations of improper surgical technique was the top reason for malpractice claims in the MedPro study.

  • Early identification and treatment of anastomotic leaks, bowel perforations, vitamin deficiencies, and other common postoperative complications can potentially reduce malpractice claims related to critical patient outcomes of bariatric surgery. Establish and maintain a comprehensive and consistent procedure for post-surgical patient assessment.

  • Ensure that the patient is a suitable candidate for bariatric surgery. 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.

  • To reduce incidents of diagnostic errors and missed post-op complications, foster active communication and collaboration with the entire surgical care team to coordinate patient care before, during, and after surgery.

  • Be diligent in documenting records of pre-operative assessments, intra-operative steps, and the sequence of post-operative events. In case of a malpractice claim, having complete and comprehensive documentation will help your lawyers build a stronger defense.

Need Medical Malpractice Insurance for Your Bariatric Surgery Practice? SURGPLI can Help.

Our experienced insurance brokers understand the robust coverage requirements of malpractice insurance for bariatric surgeons. Let SURGPLI help you choose the right policy for your needs from AM Best “A” rated carriers. Get a fast quote 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 quote on Bariatric SURGEON medical malpractice Insurance

First Step - Step 1 of 2

Bariatric Surgeons Guide To Managing Malpractice Risk2025-02-03T15:40:29+00:00

How Plastic Surgeons Can Proactively Manage Medical Malpractice Risk

2024-12-23T18:07:08+00:00

Plastic surgeons demonstrate the meaning of the original Greek “plastikos” (to mold or form) every time they surgically reconstruct or enhance a patient’s face or other body tissues caused by birth defects, illness, tumors, infection, or traumatic injuries. Whether it is a life-changing reconstructive procedure after breast mastectomy, or repairing a cleft palate, removing a disfiguring birthmark, or improving appearance with a cosmetic facelift or Brazilian Butt Lift, these specialty procedures carry a high risk of possible complications that trigger malpractice claims.

According to the Medscape Surgeon Malpractice Report 2021, general and plastic surgeons are ranked number one on the list of top 10 medical specialists most likely to be sued for malpractice, most commonly due to surgical complications. That’s why plastic surgeons require robust medical malpractice coverage from an AM Best “A” rated carrier with a strong track record of defending their policyholders.

However, as a plastic surgeon, you can also take proactive steps to better manage your malpractice risk while improving the quality of patient care and outcomes in the process. This article explores findings from recent studies of plastic surgery malpractice claims to help you understand, identify, and potentially lower the risk factors for your specialty.

Plastic surgery risks and most common malpractice allegations

A recent review of malpractice cases by “A” rated malpractice insurance carrier MedPro Group found that three areas in particular – improper performance of surgery, improper management of the surgical patient, and improper performance of medical procedure – added up to over 80% of the allegations leading to malpractice claims and payouts to plaintiffs.

Improper surgical/procedure performance

The surgeon’s lack of technical skill or experience in surgeries (91% of cases) and procedures (97% of cases) was the highest contributing factor in performance allegations.

  • 47% of claims for improper performance of surgery were triggered by the following complications: the need for additional surgery, scarring, cosmetic injury or deformity, and infection.

  • 13% of claims for improper procedure performance involved skin excisions, dermabrasions, chemical peels, injections, and tattoo removal.

  • Iatrogenic patient injury during breast-related surgical procedures was the most frequent malpractice allegation, followed by: Skin or tissue size reduction, Eyelid-related procedures, Rhinoplasty/septoplasty, “Facelift”

  • The majority of the cases had allegations of medium or temporary, non-disabling clinical severity, such as: burns, medication side effects, delayed recovery, loss of fingers, organ damage, and infection. Only 10% of the cases in the study had allegations of high or permanent clinical severity, or death.

Additional data on breast-related malpractice allegations from a study of plastic surgery cases by The Doctors Company Group (TDCG), an AM Best “A” rated carrier, further supports the need for strong malpractice insurance coverage and a strategic risk management plan:

  • Breast reduction (21.8%), breast augmentation (17.2%), and breast reconstruction (11.8%) were the top three types of procedures most often named in plastic surgery claims.

  • The need for additional surgery was the most common allegation in breast reconstruction claims. (52.7%).

  • 86% of the plastic surgery claims had the following contributing factors to malpractice allegations: selection of procedure or therapy, poor surgical technique, and known complications.

Patient management and poor clinical judgment

The MedPro study noted that malpractice claims related to improper management of surgical patient were more complex to defend that those citing improper procedures. On average, they were significantly more expensive to resolve than other cases in the study.

  • Allegations of poor clinical judgment ranked highest in 90% of the cases involving improper management of surgical patient.

  • Poor communication with the patient and failure to manage patient expectations resulted in allegations of patient dissatisfaction with surgical outcomes, and complications due to not adhering to post-surgical follow-up and treatment plans.

  • 21% of cases alleging improper patient management cited the surgeon’s poor judgment and lack of a timely response to developing complications before, during, and/or after surgery.

Establish a proactive risk management strategy

Now that you’re more familiar with some of the most common malpractice allegations in plastic surgery cases, how can you potentially reduce your risk? The following recommendations based on findings in the MedPro study provide a good starting point for effective risk management strategies for plastic surgeons:

  • Stay up to date with current and emerging plastic surgery skills and techniques, especially for breast-related procedures which result in allegations of improper surgical procedure most often.

  • Improve patient communication. Ensure that patients give informed consent and understand the various procedures and risks of the specific type of plastic surgery they will undergo.

  • Confirm that the patient is a good candidate for the surgery. Ensure that the patient’s post-operative assessment documents any patient comorbidities that could put them at greater risk for complications, including:

    • Smoking
    • Obesity
    • Connective-tissue damage
    • Poor circulation at surgical site
    • Impaired immune system
    • Poor nutritional habits
  • Improve detection of complications and response time. Emphasize to patients the critical importance of following post-surgical instructions to prevent infection and other common complications. Ensure that patients recognize the following signs of serious complications and know to call you and seek immediate care:

    • Blood-soaked bandages and wound dressings (excessive bleeding)
    • Yellowish discharge at incision site (infection)
    • Pain not relieved by medication
    • Abnormal swelling in groin or lower leg (blood clots)
    • Vomiting and inability to keep down fluids
  • Lastly, keep highly detailed documentation of all physician/patient interactions, diagnostic test orders and results, pre-operative assessments, intra-operative steps, and the sequence of post-operative events. If you are sued for malpractice, having complete case documentation will help your lawyers build a stronger case.

Need Medical Malpractice Insurance for Your Plastic Surgery Practice? SURGPLI can Help.

Our experienced SURGPLI insurance brokers save plastic surgeons time and effort by researching and recommending your best options for malpractice insurance coverage, rates, and carrier. Get a fast quote 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 quote on PLASTIC SURGEON medical malpractice Insurance

First Step - Step 1 of 2

How Plastic Surgeons Can Proactively Manage Medical Malpractice Risk2024-12-23T18:07:08+00:00

Comparing Occurrence and Claims-Made Malpractice Insurance for Surgeons

2024-12-23T18:52:28+00:00

Choosing between occurrence and claims-made malpractice insurance is crucial for surgeons. Understanding the nuances of each is essential to make an informed decision. Here’s a quick and concise breakdown that explains the differences between occurrence vs claims-made medical malpractice insurance policies.

Key Difference Between Occurrence and Claims-Made Policies

Occurrence Policy: Covers incidents during the policy year, regardless of when a claim is reported.

Claims-Made Policy: Covers incidents during the policy year and when the claim is filed. Tail insurance is necessary if you switch carriers or jobs.

Navigating Coverage Scenarios

Occurrence Policy: Covers claims even if you change practices or locations.

Claims-Made Policy: Requires tail coverage or prior acts inclusion in the new policy for prior work protection.

Cost Variation Between Policies

Occurrence Policy: Higher upfront cost, stable rates, no need for tail insurance.

Claims-Made Policy: Lower initial cost, rates rise yearly, and tail insurance is essential when changing jobs.

Understanding Price Discrepancies

Occurrence Rates: Steady but higher; no need for retroactive tail coverage.

Claims-Made Rates: Flexible but subject to increase; tail insurance mitigates prior acts risk.

Differences in Coverage and Limits

Coverage: No variation in covered procedures between policies.

Limits: Occurrence covers each year; claims-made covers the entire prior acts period.

Switching Policies

Switching to Occurrence: Generally requires tail insurance.

Switching to Claims-Made: Easier without immediate need for tail, but rates increase over years.

Key Features of Occurrence and Claims-Made Policies

Occurrence Policy: Stable cost, no tail needed, suitable for various practices.

Claims-Made Policy: Affordable start, tail purchase required, fluctuating rates.

Finding the Medical Malpractice Insurance Fit

Making an informed choice regarding malpractice insurance is vital for surgeons. A knowledgeable insurance broker can provide tailored options from top-rated carriers to suit your specific situation. For expert guidance and quotes, reach out to SURGPLI, dedicated to helping surgeons secure the right policy for your needs from AM Best “A” rated carriers. Get a fast quote or call 1-800-969-1339.

Read the latest From SURGPLI

Contact us for a quote on Medical Malpractice Insurance

First Step - Step 1 of 2

Comparing Occurrence and Claims-Made Malpractice Insurance for Surgeons2024-12-23T18:52:28+00:00

2023 Surgeon’s Guide to Tail Insurance

2024-12-23T18:52:42+00:00

Are you planning to change employers soon, or leave a medical group to open your own private surgical practice? Exploring your options for Extended Reporting Period (ERP) coverage, also known as medical malpractice “tail” insurance, needs to be a priority long before you even turn in your resignation.

Your employer will likely offer you a tail coverage option, but at a premium that typically runs 200%-250% of the cost of your expiring claims-made medical malpractice policy. The good news is that you can often save 20% on tail coverage – and get expert assistance in choosing the best standalone tail policy for your surgical specialty and practice location – by partnering with an independent malpractice insurance broker. Experienced SURGPLI tail insurance insurance brokers are ready to help.

What is tail insurance?

Your employer-provided malpractice policy ends on your last day of work. Tail insurance provided by “A” rated carriers through SURGPLI is a standalone policy that protects you from liability for any future malpractice claims made on incidents that occurred during the time of your previous employment. Coverage is retroactive for any claims made on incidents occurring from the first date of work with your former employer. Tail insurance is necessary only if your previous policy was a form of claims-made, or claims-paid, malpractice insurance.

Why surgeons need tail insurance

If you don’t have tail insurance, you would be exposed to a lawsuit if a surgical patient you treated during your former employment files a claim against you before your new employer’s malpractice insurance coverage goes into effect. A tail policy also covers you if a former patient makes a claim several months or years after the incident occurred.

Also, studies have shown that surgeons historically are more vulnerable to medical malpractice claims than physicians in non-surgical fields. For example, general surgeons and those in the practice of orthopedics, OB/GYN, plastic surgery, and urology are among the top 10 medical specialists most likely to be sued. If you are a surgeon without tail insurance, you would be personally liable for all legal fees and indemnity payouts at trial for a claim made by a former patient. A tail policy will cover those expenses, and the policy carrier will provide your legal defense.

How tail insurance provides liability protection for surgeons

Tail insurance covers surgeons for liability for malpractice claims for incidents which occurred during previous employment, but may have not affected the patient adversely to trigger a claim until months or years later. The following are examples of previously occurring incidents that may result in future malpractice claims covered by a tail policy:

  • A surgical instrument left inside a patient that is discovered during a future surgery, or when it causes an emergent medical condition.

  • A missed diagnosis of cancer that is discovered months or years later when the cancer has become metastasized.

  • Long-term effects of an iatrogenic patient injury during surgery that have become worse over time to severely limit mobility or ability to work, and diminish overall quality of life.

Also, in some cases, the patient injury was apparent and acknowledged at the time of the surgical procedure, but the patient chose not to sue for malpractice. However, the surgeon is still be at risk for a lawsuit if the patient changes their mind within the state’s statutes of limitations for malpractice claims. These statutes vary from state to state, but are typically at least two years or longer.

Your SURGPLI tail insurance insurance broker will work with you to find the best tail coverage to fit the risk factors of your individual specialty and state statutes of limitations where you previously worked.

How SURGPLI helps you save on tail insurance

MEDPLI can often save you 20% on average by giving you the most affordable options for standalone tail policies from individual carriers. Those savings are more important than ever since malpractice insurance premiums are increasing in 2023 due to trends in higher payouts to plaintiffs and legal fees. So you can expect employer-provided tail premiums to increase as well.

Your MEDPLI insurance broker can help you choose the best and most affordable tail insurance coverage by:

  • Saving you time, effort, and money by finding the right standalone tail insurance policy and rates to cover the unique malpractice risks and requirements of your surgical specialty.

  • Obtaining tail policies from “A” rated malpractice insurance carriers known for their excellent track record in defending surgeons against claims, as well as for business and financial stability.

  • Providing you with all viable standalone tail insurance options from a wide range of carriers as an alternative to exorbitantly priced employer or hospital-provided policies.

Ready to change jobs? Get a free tail insurance evaluation from SURGPLI now.

Don’t wait. Talk to a SURGPLI insurance broker about your standalone tail insurance needs today. Learn how you can save money on tail policy rates – and how to get the best protection against malpractice claims from your previous employment.

Call us at 1-800-969-1339, email info@medpli.com, or fill out a contact request form.

Read the latest From SURGPLI

Contact us for a quote on Tail Insurance

First Step - Step 1 of 2

2023 Surgeon’s Guide to Tail Insurance2024-12-23T18:52:42+00:00
Go to Top