Illinois orthopedic surgeons in private practice can use this guide, prepared by SURGPLI, for a concise overview of medical malpractice insurance. Then contact SURGPLI to discuss your coverage needs and get a quote.

Illinois is recognized as a destination for innovative orthopedic surgery. Rush University Medical Center in Chicago was ranked #9 in the nation for high-performing orthopedic surgical care on the 2026-2027 “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 are in constant demand as patient volumes increase statewide.

At the same time, Illinois is also among the top 10 most litigious U.S. states for medical malpractice. In 2025, Illinois saw 413 medical malpractice payouts totaling $266,430,750. That’s why Illinois orthopedic surgeons need robust and affordable medical malpractice coverage.

SURGPLI will help you find the right coverage at the best rate in Illinois.

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).

Approximate medical malpractice insurance premium rates for orthopedic surgeons across Illinois:

*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.

Claims-Made Insurance

• Provides coverage if the policy is active 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.
• Tail malpractice insurance is required to cover claims filed after your policy ends.

Occurrence Insurance

• Provides coverage for incidents that occurred during the policy year, regardless of when a claim is reported to the carrier.
• More costly at the start of the policy, but the rate does not “step up.”
• No need for tail coverage when the policy ends.

Tail Insurance

• Required to cover claims-made after a policy ends.
• Seek tail coverage options when leaving an employer or switching policies.
• Read more about tail malpractice insurance for orthopedic surgeons.

Reach out to SURGPLI to do the legwork for you to find a tail policy at a great price.

SURGPLI insurance brokers will obtain quotes for 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
• Coverys Group

Medical malpractice insurance underwriters classify orthopedic surgery as a high-risk specialty because surgical errors or post-surgical complications can devastate a 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.

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 post-operative 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
• Post-operative deep vein thrombosis and pulmonary embolism

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.

Consult SURGPLI to understand the complexities of Illinois’ medical malpractice laws.

• No limit on compensation for economic and non-economic patient injuries.
• No awards for punitive damages in medical malpractice lawsuits.

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.

With no cap on economic damages and non-economic damages, orthopedic surgeons in Illinois are more vulnerable to personal financial loss without medical malpractice insurance. 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.

Working with SURGPLI 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:

• Finding your best “A”-rated carrier options for your specialty and location in Illinois
• Flagging discounts you may qualify for such as new practice, association membership, claims-free history, or risk management and CME credits
• Comparing flexible payment options that fit your practice’s budget
• Walking you through quotes and discounts to help you choose the right coverage

SURGPLI is ready to help you navigate the complexities of Illinois medical malpractice insurance. 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 resource you’ll need.

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

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.

For California orthopedic surgeons in private practice, this guide is a concise overview of medical malpractice insurance. Contact SURGPLI to discuss your coverage needs and get a quote.

California has the largest number of orthopedic surgeons in the U.S., according to 2024 data from the U.S. Bureau of Labor Statistics. 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).

SURGPLI will help you find the right medical malpractice coverage at the best rate in California.

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:

*Using the CA standard limits of $1,000,000 each claim / $3,000,000 aggregate per year in coverage

SURGPLI insurance brokers will obtain quotes for 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

Claims-Made 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.
• Tail malpractice insurance is required to cover any claims made after your policy ends.

Occurrence 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 then stay constant.
• No need for tail coverage when the policy ends.

Tail Insurance

• Covers the time after the policy ends and the statute of limitations for when a claim can be made.
• When switching employers or policies, you should seek tail coverage options.
• A new employer’s policy is not going to cover you for prior acts of a former practice; tail coverage will.

Read more about tail malpractice insurance for orthopedic surgeons.

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

The top three major orthopedic surgical injuries were related to “an aggravated or worsened preoperative condition,” including increased pain, decreased mobility, nerve damage, and post-operative 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

AB35, signed into law in 2022 and effective January 1, 2023, made the first changes to California’s MICRA non-economic damage caps since 1975. The caps rise annually and now stand at:

• $470,000 for non-death cases (up from $350,000 in 2023), climbing to $750,000 by 2033
• $650,000 for wrongful death cases (up from $500,000 in 2023), climbing to $1 million by 2033
• After 2033, both caps adjust 2% annually for inflation

AB35 also allows patients to collect economic damages from up to three separate sources in one case: doctors, hospitals, and unaffiliated providers such as private-practice specialists.

There is no limit on economic damages, such as actual costs of the medical care necessitated by the malpractice, lost income, lost future earning capacity, and any other measurable economic losses attributable to the defendant’s malpractice.

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

• Must be filed within three years after the date of injury or one year after the injury is discovered
• No filing deadline for cases where a foreign object was left in the patient
• Exceptions made when the health care provider intentionally acts to defraud the patient or hide a mistake
• Claims for 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”

The total medical malpractice payout in California was $341,331,800 in 2025. 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.

• Researching your best coverage, rate, and “A” rated carrier options for your specialty and practice location in California.
• One application for multiple quotes.
• Policy discounts possible for new practices, medical association members, or physicians with no previous claims.
• Flexible payment options for your practice.
• Reviewing and consulting with you to help you make the best choice of coverage and rate for your needs.

SURGPLI is 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.

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

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.