News

Recent changes in state and federal abortion legislation impact the practice of obstetrics and gynecology (OB/GYN) in the United States, introducing new professional liability challenges for OB/GYNs.

Since the Supreme Court of the U.S. overturned Roe v Wade in 2022, abortion rights are determined on the state level and are no longer protected under federal law. As a result, today’s abortion laws vary significantly across the country.

“As individual states continue to modify abortion legislation, OB/GYN providers may see their risk profiles re-evaluated by insurance companies trying to address the nuances of each state’s restrictions and standards of care for maternal and fetal health,” says Max Schloemann, CEO of SURGPLI, an independent medical malpractice insurance broker specializing in liability coverage for high-risk surgeons.

While some states support open access, others enforce full or partial abortion bans. Many of the more restrictive measures present clinical implications beyond elective procedures, influencing treatment plans for ectopic pregnancies and miscarriages, for instance.

“At the intersection of healthcare and law,” says Max Schloemann, “OB/GYNs face an extremely complex regulatory environment; one that creates pressure to not only deliver safe, compliant patient care, but also to manage the corresponding, and severe, professional liability risks.”

A growing number of patients cross state lines or utilize telemedicine for reproductive healthcare, further complicating liability exposure for OB/GYNs who offer out-of-state consultations or medical abortion prescriptions.

To reduce liability exposure, Max Schloemann advises that “OB/GYNs should carefully review medical malpractice policies to understand exactly what is and is not covered, particularly regarding abortion services, out-of-state practice, and legal defense fees for both civil and criminal charges.”

Given the frequent and unpredictable nature of legislative changes, it is crucial for OB/GYNs to proactively manage their professional liability with an insurance policy that ensures protection, regardless of further regulatory shifts in coming years.

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

Learn more by contacting a SURGPLI broker for a free consultation & quote.

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