Surgeons

Arizona Surgeons Medical Malpractice Insurance Buying Guide 2024

2024-11-27T18:08:13+00:00

Choose SURGPLI as Your Medical Malpractice Insurance Broker

If you are a physician needing medical malpractice coverage in Arizona, MEDPLI will work for you as your only trusted broker. Use the information in this 2024 Buying Guide to get ready to discuss your medical malpractice insurance needs with a MEDPLI broker. Get a quote.

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Medical Malpractice Insurance

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Arizona Medical Professional Liability Insurance Market Summary

The Arizona medical malpractice insurance market is dominated by one carrier, MICA (Mutual Insurance Company of Arizona), but there are other great options for physicians which offer excellent coverage, greater portability (if you move states, for example), and pricing. We recommend carriers rated “A” by A.M. Best because of their long-term financial solvency and a history of providing robust financial and legal support for Arizona physicians.

Some of the top-rated medical malpractice insurance companies serving Arizona physicians include:

  • Norcal Group (A Part of ProAssurance)
  • AMS RRG
  • Coverys Group
  • MedPro Group
  • The Doctors Company
  • Admiral Insurance Co
  • ProAssurance

Save time and effort by getting a wide range carrier quotes through MEDPLI as your single point of contact. You can get a quote through us today.

Malpractice Insurance Rates for Arizona Doctors

This information includes general estimated premiums which can vary greatly based on many factors, such as practice location, medical/surgical specialty, and past claims history. Talk to a MEDPLI broker to get quotes tailored to your unique coverage needs.

Specialty Approximate Rate
Anesthesiology $28,000
Cardiovascular Disease Minor Surgery $31,000
Emergency Medicine $38,000
Family Practice No Surgery $18,000
Gastroenterology $26,000
General Surgery $51,000
Internal Medicine No Surgery $18,000
Neurology No Surgery $18,000
Obstetrics and Gynecology Major Surgery $69,000
Occupational Medicine $12,000
Ophthalmology No Surgery $12,000
Orthopedic Surgery No Spine $48,000
Pediatrics No Surgery $18,000
Psychiatry $15,000
Radiology – Diagnostic $29,000
Plastic Surgery $45,000

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

Each practice risk profile is different, and your rates could vary significantly. MEDPLI specializes in medical malpractice insurance and tail insurance coverage for Arizona physicians and surgeons. To get estimates based on your specific scenario, reach out for a personalized quote. Get a quote.

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Arizona Medical Malpractice Insurance

Types of Professional Liability Insurance for Arizona Physicians

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

Claims-Made Insurance
Claims-made malpractice insurance provides coverage if the policy is in effect 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.

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 stays the same for the length of the policy, 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 MEDPLI. Tail insurance covers you for a specific time period. The new employer’s policy is not going to cover you for prior acts of a former practice, hence tail coverage is needed. Read more about tail malpractice insurance for physicians.

Reach out to an experienced MEDPLI broker who will work for you to find a tail policy at a great price.

Telehealth Laws in Arizona

The state created the Arizona Telemedicine Program (ATP) at the University of Arizona in 1996. Since then, because of the robust support that ATP has been able to provide, multiple medical specialty services are offered via telemedicine to Arizona’s rural areas. Healthcare systems across Arizona have been able to benefit from the state’s early focus on telehealth as an emerging technology.

In May 2021, Arizona Governor Doug Ducey signed A.R.S. 36-3606 into law, allowing physicians licensed in other states to obtain a temporary license to provide telehealth services in Arizona if they comply with certain conditions. Out-of-state physicians practicing telemedicine in Arizona must provide proof of licensing in their home state, as well as proof of liability coverage, among other requirements.

Currently, Arizona’s telehealth laws mandate that Arizona physicians must:

  • Be licensed to practice medicine in the State of Arizona.
  • Be in compliance with the Arizona’s requirements regarding the maintenance of liability insurance.
  • Obtain verbal or written informed patient consent prior to the telehealth virtual visit.
  • Ensure that the patient’s verbal or written consent, plus notes on the telehealth services provided, are entered in the patient’s medical record.

Doctors that take care of patients via telehealth are subject to the same liabilities as with in-person treatment. Reach out to a MEDPLI insurance broker to make sure your existing medical malpractice policy extends coverage to perform telehealth services in Arizona.

Arizona’s Statute of Limitations for Medical Malpractice Claims

The statute of limitations for medical malpractice in Arizona can be complex and can vary from case to case. Consulting with MEDPLI insurance brokers who understand the ins and outs of this system is an important part of protecting your medical practice with strong medical malpractice insurance coverage.

Medical Malpractice Insurance Outcomes

The total malpractice payout in Arizona was $43,610,000 as of 9/30/2023 (Source: National Practitioner Data Bank).

Need Medical Malpractice Insurance in Arizona? Request a Quote Today

Keep in mind, however, that Arizona does not have damage caps in medical malpractice lawsuits. That’s why Arizona physicians and surgeons – especially those who practice in higher-risk specialties – need strong medical malpractice insurance. Talk to a SURGPLI insurance broker who will help you shop for competitive quotes on robust coverage aligned with your specialty.

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

SURGPLI is a division of MEDPLI, an independent insurance brokerage that specializes in making medical malpractice insurance simple for doctors.

Max Schloemann

About the Author

Max Schloemann is a medical malpractice insurance broker, focused on helping physicians secure Medical Professional Liability coverage. He helps Doctors and Surgeons, as well as Physician Assistants, Nurse Practitioners, and healthcare entrepreneurs launch new medical practices across the country. Max graduated Magna cum Laude from Southern Illinois University College of Business and was named the Outstanding Management Senior. Max’s career in medical malpractice insurance began in 2008 with an industry-leading firm. Max founded SURGPLI in 2023 to help surgeons navigate the complexities of medical malpractice insurance in the new era of healthcare. Max’s wife, Kristen, a Physician Assistant, and their 4 kids (plus 1 dog) enjoy hiking, golf, and cooking.

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Arizona Surgeons Medical Malpractice Insurance Buying Guide 20242024-11-27T18:08:13+00:00

Missouri Surgeons 2024 Buying Guide to Medical Malpractice Insurance

2024-11-27T18:08:27+00:00

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Medical Malpractice Insurance

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Missouri Surgeons 2024 Buying Guide to Medical Malpractice Insurance

If you are a surgeon needing medical malpractice insurancwe in Missouri, SURGPLI will work for you as your only trusted broker. Our brokers have deep knowledge of Missouri’s medical malpractice insurance marketplace, plus they stay up-to-date on the state’s legislation and tort reforms that affect rates and coverage requirements for your surgical specialty. Use the information in this 2024 Buying Guide to get ready to discuss your medical malpractice insurance needs with a SURGPLI broker.

With no caps on economic damages, and high non-economic caps set to increase yearly in Missouri, general surgeons – and particularly those in high-risk specialties such as OB/GYN, bariatric surgery, and orthopedic surgery – need robust medical malpractice coverage. An independent SURGPLI broker will work with you to find the right coverage and carrier at a competitive rate.

2024 Medical Malpractice Coverage and Rates for Missouri

Surgeons in Missouri are not required by law to obtain medical malpractice insurance. However, SURGPLI advises Missouri surgeons to secure and maintain strong medical malpractice coverage to reduce risk to the practice and protect against personal financial loss if sued – including high-dollar attorney’s fees and monetary damages awarded to plaintiffs.

Missouri Estimated Malpractice Insurance Rates by Specialty

Each carrier uses its own proprietary methods of setting rates, which vary among carriers and specialties. Each malpractice insurance policy is underwritten individually, but the following are approximate rates across all Missouri locations to give you an idea of costs by high-risk specialty.

Specialty Approximate Claims Made Rate Approximate Tail Rate Approximate Occurrence Rate
General Surgery $50,000 $100,000 $60,000
Obstetrics and Gynecology Major Surgery $70,000 $140,000 $80,000
Orthopedic Surgery No Spine $45,000 $90,000 $55,000
Orthopedic Surgery Spine $60,000 $120,000 $70,000
Plastic Surgery $50,000 $100,000 $60,000
Bariatric Surgery $70,000 $140,000 $80,000
Neurosurgery $80,000 $160,000 $90,000

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

Some Missouri healthcare facilities may require surgeons to carry medical malpractice insurance to have admitting privileges.

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

Get a quote.

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

Surgeons in Missouri have many good options for medical liability insurance. SURGPLI recommends carriers rated “A” by A.M. Best. These companies are A-rated because of their long-term financial solvency and a history of providing robust legal support for Missouri surgeons. Some of the top carriers include:

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

Save time and effort by getting a wide range of A-rated carrier quotes through SURGPLI as a single point of contact. Get a quote with us today.

GET A QUOTE TODAY

Save time and effort by getting a wide range of A-rated carrier quotes through SURGPLI as a single point of contact.

Types of Professional Liability Insurance for Missouri Surgeons

 

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

Claims Made Insurance

Claims-made malpractice insurance provides coverage if the policy is in effect both when the incident took place AND when the claim is filed. If a claim is filed after the end of the policy date, the claim is NOT covered.

With a claims-made policy you need tail malpractice insurance, which is a separately purchased insurance policy or endorsement, to make sure you have full protection.

Claims-made insurance policies “step up” as they mature, so the first year rate is lower than subsequent years.

Occurrence Insurance

Occurrence malpractice insurance provides coverage for incidents that occurred during the policy year, regardless of when a claim is reported to the carrier. 

Occurrence policies are more costly at the start of the policy, but the rate does not “step up”, and there is no need for tail coverage when the policy ends.

Tail Insurance

Since most malpractice insurance policies are underwritten on a claims-made basis, you will be exposed to a lawsuit if a former patient files a claim against you and you do not secure tail coverage.

When you are preparing to leave your employer, you should seek tail coverage options with an independent broker like SURGPLI. Tail insurance covers you for a specific time period. The new employer’s policy is not going to cover you for prior acts of a former practice, hence tail coverage is needed.  

Read more about tail malpractice insurance

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

Understand Your Risk of Malpractice Claims in Missouri

Missouri has no caps on economic and non-economic damages, which makes surgeons more vulnerable to personal financial loss if they do not have strong medical malpractice coverage. Note that the total medical malpractice payout in Missouri was $56,998,750 in 2022.

Here are some of the most common iatrogenic patient injuries that have been named in medical malpractice lawsuits against surgeons practicing in high-risk specialties:

Neurosurgery – Claims relating to laminectomy surgeries (anterior cervical fusion and posterior lumbar fusion), including: improper performance of surgery, retained foreign body, delay in surgery, and unnecessary surgery.

Bariatric Surgery – Lack of identifying and treating complications of laparoscopic sleeve gastrectomy; and 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; or failing to close a bleeding vein or artery.

Check out the SURGPLI Medical Malpractice Insurance Blog for articles that discuss ways private practice surgeons can best manage the risk of being sued for malpractice, as well as other information on medical malpractice insurance trends and legislation.

Tort Reform in Missouri

Notable tort reforms in Missouri include:

  • IThe state enacted its first cap on damages in 1986 after insurance premiums increased by a whopping 131% in 1981. In the early 2000’s, premiums began to creep up again, and several large insurance carriers either became insolvent or left the state market.
  • After a decade and a half of legislation aimed at bringing medical providers back into the state, lawmakers passed bipartisan legislation in 2015 that capped non-economic damages for both catastrophic and non-catastrophic injuries.
  • In 2021, Missouri’s State Supreme Court reviewed the 2015 legislation and ruled that the non-economic damage caps do not violate Missouri’s constitution.

Missouri’s Damage Caps on Medical Malpractice Lawsuits

  • There are no caps on economic damages or punitive damages in Missouri’s medical malpractice cases.
  • Missouri passed a law in 2015 capping non-economic damages in medical malpractice cases at $400,000 for non-catastrophic injuries and $700,000 for catastrophic injuries, with an annual 1.7 percent increase each year indefinitely. For example:

Year

Non-Catastrophic Cap Catastrophic Cap
2023

$457,749

$801,061

2024

$465,531

$814,679

2025

$473,445

$828,529

  • Catastrophic injuries are defined by state law as “an injury resulting in quadriplegia, paraplegia, the loss of two or more limbs, significant and permanent cognitive impairment, irreversible failure of a major organ, or significant loss of vision.”

Missouri’s Statute of Limitations for Medical Malpractice Claims

The following guidelines outline the state’s statute of limitations:

  • An individual in Missouri is required to file a medical malpractice claim within two years from the date of injury or date of discovery (or date of reasonable discovery).
  • The state has a “statute of repose” law in place stating that all medical malpractice cases must be filed within 10 years.
  • Minors have until their 20th birthday to file a medical malpractice claim, whichever is later.
  • Missouri state law also requires plaintiffs to file an affidavit of merit with the court within 90 days of filing a malpractice complaint. This affidavit must be signed by a qualified expert witness, agreeing that the defendant’s deviation from the standard of care resulted in the claimant’s injury.

The statutes of limitations for medical malpractice can be complex and can vary from case to case. Consulting with SURGPLI brokers who understand the ins and outs of this system is an important part of protecting your medical practice with the right amount of medical malpractice insurance coverage.

Need Medical Malpractice Insurance in Missouri? Request a Quote Today

Reach out to SURGPLI to ensure you have strong medical malpractice coverage for your private surgical practice in Missouri. Also, we help contracted surgeons secure tail coverage when changing jobs. Whether you’re a bariatric surgeon in Kansas City, a plastic surgeon in St. Louis, or an OB/GYN in Springfield, SURGPLI brokers will help you obtain coverage from an A-rated carrier.

Max Schloemann

About the Author

Max Schloemann is a medical malpractice insurance broker, focused on helping physicians secure Medical Professional Liability coverage. He helps Doctors and Surgeons, as well as Physician Assistants, Nurse Practitioners, and healthcare entrepreneurs launch new medical practices across the country. Max graduated Magna cum Laude from Southern Illinois University College of Business and was named the Outstanding Management Senior. Max’s career in medical malpractice insurance began in 2008 with an industry-leading firm. Max founded SURGPLI in 2023 to help surgeons navigate the complexities of medical malpractice insurance in the new era of healthcare. Max’s wife, Kristen, a Physician Assistant, and their 4 kids (plus 1 dog) enjoy hiking, golf, and cooking.

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Missouri Surgeons 2024 Buying Guide to Medical Malpractice Insurance2024-11-27T18:08:27+00:00

Tennessee Surgeons 2024 Buying Guide to Medical Malpractice Insurance

2024-11-27T18:08:39+00:00

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Medical Malpractice Insurance

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Tennessee Surgeons 2024 Buying Guide to Medical Malpractice Insurance

If you are a surgeon needing medical malpractice insurance in Tennessee, SURGPLI will work for you as your only trusted broker. Our insurance brokers have deep knowledge of Tennessee’s medical malpractice insurance marketplace, plus they stay up-to-date on the state’s legislation and tort reforms that affect rates and coverage requirements for your surgical specialty. Use the information in this 2024 Buying Guide to get ready to discuss your medical malpractice insurance needs with a SURGPLI broker.

With no cap on economic damages, and a $1 million cap on non-economic payouts for catastrophic injuries in Tennessee, surgeons practicing in the state need robust medical malpractice coverage. An independent MEDPI broker will work with you to find the right coverage and carrier at a competitive rate for your surgical specialty.

2024 Medical Malpractice Coverage and Rates for Tennessee

Surgeons in Tennessee are not required by law to obtain medical malpractice insurance. However, SURGPLI advises surgeons – especially in high-risk specialties – to secure and maintain strong liability coverage. Speak with a SURGPLI broker who will help you find the best coverage to reduce risk to your practice and protect against personal financial loss if sued.

Tennessee Estimated Malpractice Insurance Rates by Specialty

Each carrier uses its proprietary methods of setting rates, which vary among carriers and specialties. Each malpractice insurance policy is underwritten individually, but the following are approximate rates across all Tennessee locations to give you an idea of costs by high-risk specialty.

Specialty Approximate Claims Made Rate Approximate Tail Rate Approximate Occurrence Rate
General Surgery $40,000 $80,000 $50,000
Obstetrics and Gynecology Major Surgery $55,000 $110,000 $65,000
Orthopedic Surgery No Spine $30,000 $60,000 $60,000
Orthopedic Surgery Spine $50,000 $100,000 $60,000
Plastic Surgery $35,000 $70,000 $40,000
Bariatric Surgery $55,000 $110,000 $60,000
Neurosurgery $65,000 $130,000 $75,000

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

Tennessee healthcare facilities typically require surgeons to carry medical malpractice insurance to have admitting privileges. The average requirement for coverage by Tennessee medical facilities is $1,000,000 per claim, $3,000,000 per year.

SURGPLI specializes in both medical malpractice insurance and tail insurance coverage for Tennessee surgeons, so contact us for a personalized quote based on your unique needs. We help surgeons when taking new contracts, changing jobs, and starting private surgical practices.

Get a quote.

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

Surgeons in Tennessee have many good options for medical liability insurance. SURGPLI recommends carriers rated “A” by A.M. Best. These companies are A-rated because of their long-term financial solvency and a history of providing robust legal support for Tennessee surgeons. Some of the top carriers include:

  • The Doctors Company
  • MedPro Group
  • State Volunteer Mutual Insurance Co.
  • ProAssurance
  • Coverys Group
  • ISMIE Group
  • Liberty Mutual Group

Save time and effort by getting a wide range of A-rated carrier quotes through SURGPLI as a single point of contact. Get a quote with us today.

GET A QUOTE TODAY

Save time and effort by getting a wide range of A-rated carrier quotes through SURGPLI as a single point of contact.

Types of Professional Liability Insurance for Tennessee Surgeons

 

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

Claims Made Insurance
Claims-made malpractice insurance provides coverage if the policy was in effect when the incident took place AND when the claim was 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 ensure full protection. Claims-made insurance policies “step up” as they mature, so the first-year rate is lower than subsequent years.

Occurrence Insurance
Occurrence malpractice insurance provides coverage for incidents that occurred during the policy year, regardless of when a claim is reported to the carrier. Occurrence policies are more costly at the start of the policy, but the rate does not “step up”, and there is no need for tail coverage when the policy ends.

Tail Insurance
Since most malpractice insurance policies are underwritten on a claims-made basis, you will be exposed to a lawsuit if a former patient files a claim against you and you do not secure tail coverage. When 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 won’t cover you for prior acts of a former practice, hence tail coverage is needed. Read more about tail malpractice insurance.

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

Understand Your Risk of Malpractice Claims in Tennessee

While Tennessee has enacted medical malpractice tort reforms capping payouts for pain and suffering, the state does not limit the dollar amount of economic damages paid to plaintiffs. That’s just one reason why surgeons must have robust medical malpractice coverage. The total medical malpractice payout in Tennessee was $25,760,000 in 2022. Here are some of the most common iatrogenic patient injuries that have been named in medical malpractice lawsuits against surgeons practicing in high-risk specialties:

Neurosurgery – Claims relating to laminectomy surgeries (anterior cervical fusion and posterior lumbar fusion), including improper performance of surgery, retained foreign body, delay in surgery, and unnecessary surgery.

Bariatric Surgery – Lack of identifying and treating complications of laparoscopic sleeve gastrectomy; and 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; or failing to close a bleeding vein or artery.

Check out the SURGPLI Medical Malpractice Insurance Blog for articles that discuss ways private practice surgeons can best manage the risk of being sued for malpractice, as well as other information on medical malpractice insurance trends and legislation.

Tort Reform in Tennessee

Notable tort reforms in Tennessee include:

  • In 2008, Tennessee passed legislation requiring that providers receive written notice within 60 days of a claim, plus a “certificate of good faith clause”, which backs up the merit of the claim by an expert witness
  • In 2011, Governor Bill Haslam, in office at the time, signed the Tennessee Civil Justice Act of 2011. This legislation introduced several malpractice-related statutes, setting caps on noneconomic and punitive damages and introducing the state to comparative fault. If more than one defendant is found to be at fault for damages, the defendants will bear a proportionate share of damages.
  • As with many states across the country, tort reform in Tennessee is constantly challenged in court. The Tennessee Supreme Court continues to examine cases that question whether caps on non-economic and punitive damages violate the Tennessee Constitution.

Tennessee’s Damage Caps on Medical Malpractice Lawsuits

There is no cap on economic damages paid to plaintiffs in medical malpractice lawsuits in Tennessee. 

Tennessee does have a cap on non-economic medical malpractice damages, with the following stipulations:

  • Non-economic damages are capped at $750,000 per claim.
  • The cap for non-economic damages increases to $1 million if the injury is catastrophic (paralysis, wrongful death, etc.).
  • If more than one defendant is found to be at fault for damages, the defendants bear a proportionate share of damages.
  • Punitive damages are capped at “an amount not to exceed the greater of twice the total of compensatory damages, or $500,000, whichever is greater.”

Tennessee’s Statute of Limitations for Medical Malpractice Claims

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

  • A person in Tennessee has one year after discovering the injury to file a medical malpractice claim.
  • Malpractice claims must be filed within three years of when the incident occurred.
  • If the injury involves a foreign object left inside the body or fraud, there is no filing time limit for when the incident occurred.

The statutes of limitations for medical malpractice can be complex and vary from case to case. Consulting with SURGPLI brokers who understand the ins and outs of this system is an important part of protecting your medical practice with the right amount of medical malpractice insurance coverage.

Need Medical Malpractice Insurance in Tennessee? Request a Quote Today

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

Max Schloemann

About the Author

Max Schloemann is a medical malpractice insurance broker, focused on helping physicians secure Medical Professional Liability coverage. He helps Doctors and Surgeons, as well as Physician Assistants, Nurse Practitioners, and healthcare entrepreneurs launch new medical practices across the country. Max graduated Magna cum Laude from Southern Illinois University College of Business and was named the Outstanding Management Senior. Max’s career in medical malpractice insurance began in 2008 with an industry-leading firm. Max founded SURGPLI in 2023 to help surgeons navigate the complexities of medical malpractice insurance in the new era of healthcare. Max’s wife, Kristen, a Physician Assistant, and their 4 kids (plus 1 dog) enjoy hiking, golf, and cooking.

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Tennessee Surgeons 2024 Buying Guide to Medical Malpractice Insurance2024-11-27T18:08:39+00:00

What Types of Surgeons Make the Most Money?

2024-11-27T18:08:52+00:00

Annual compensation for physicians and surgeons in the U.S. continued to increase overall last year, according to the Medscape Physicians Compensation Report 2023. However, the surgical specialists with the highest salaries are also on the list of the most often sued for medical malpractice. As a trusted medical malpractice insurance broker, SURGPLI helps surgeons in high-risk specialties obtain robust liability coverage to protect against severe financial loss in case of a lawsuit. Get a quote now.

Plastic surgeons were #1 earners in 2023

More than 10,000 physicians in 29 specialties participated in Medscape’s survey, which revealed that average annual earnings for specialists in particular have increased overall in the past five years from an average of $299,000 to $382,000.

According to the Medscape report, the top-earning surgical specialties in 2023 were:

  • Plastic Surgery                           $619k
  • Orthopedics                                $573k
  • Cardiology                                   $507k
  • Urology                                        $506k
  • Gastroenterology                       $501k
  • Otolaryngology                           $485k
  • Plastic Surgery                           $619k
  • Orthopedics                                $573k
  • Cardiology                                   $507k
  • Urology                                        $506k
  • Gastroenterology                       $501k
  • Otolaryngology                           $485k

Among the top 10 specialists who also earned incentive bonuses are radiologists, general surgeons, anesthesiologists, and OB/GYNs. Medscape’s data analysts noted that this trend in increased compensation and bonuses reflects the ongoing demand for surgeons across the U.S. 

Healthcare organizations are offering higher salaries and incentives to attract the best candidates to fill open positions. However, the survey found that self-employed physicians earned more on average overall than their employed counterparts – $374k versus $344k annually.

Best U.S. states for higher salaries

Where you practice medicine also makes a difference in earning power. According to Medscape’s findings, healthcare professionals practicing in the following states earned the highest average salaries:

  • Wisconsin              $397,000
  • Indiana                   $372,000
  • Georgia                   $363,000
  • Connecticut           $362,000
  • Missouri                 $361,000
  • New Jersey $360,000
  • South Carolina $360,000
  • Florida $359,000
  • California $358,000
  • Michigan $356,000

Over half of the physicians surveyed by Medscape are “satisfied” with their compensation. However, approximately 40% of the respondents indicated that they took on additional jobs to supplement their income.

Why top-earning surgeons need top-rated medical malpractice coverage

Even the highest-paid surgeons need robust medical malpractice insurance from an A-rated carrier, especially those whose specialties make them more vulnerable to malpractice allegations due to performing high-risk surgical procedures: neurosurgery, orthopedics, bariatric surgery, plastic surgery, OB/GYN, and general surgery. 

Also, be aware of several trends that will likely lead to higher premium rates in 2024, as well as potentially higher risk of financial loss for defendants in liability lawsuits:

  • “Mega” jury verdict awards of $10 million or more to plaintiffs have become more frequent, with awards in 40 cases in eight U.S. states totaling nearly $2 billion (Healthcare Liability Market Update, Powered by MedPro Group).
  • Legal defense costs have escalated for insurance carriers defending policyholders in liability lawsuits.
  • “Social inflation” or changing attitudes and beliefs about medical malpractice litigation, entitlement to compensation for injuries, and the parties involved (“Medical Malpractice Claims and Impact of Social Inflation”, The Doctors Company).

Contact us and learn how SURGPLI can help you save on medical malpractice insurance.

Reach out to SURGPLI for the best liability coverage and rates.

SURGPLI will help you secure strong medical malpractice coverage from A-rated carriers to protect your earning power and practice in case of a liability lawsuit. Our SURGPLI brokers will save you time and money by researching the policy, competitive rate, and A-rated carrier options that specifically meet the coverage requirements of your specialty and practice location. They’ll review quotes, payment options, and any policy discounts available so you can make a well-informed choice of carrier and coverage. Request a quote today.

Call us at 1-800-969-1339 or email us at info@SURGPLI.com.

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What Types of Surgeons Make the Most Money?2024-11-27T18:08:52+00:00

What All Surgeons Should Know When Seeking Medical Malpractice Insurance

2024-12-02T12:23:45+00:00

What All Surgeons Should Know When Seeking Medical Malpractice Insurance

Shopping for medical malpractice insurance is time-consuming and complex, especially for surgeons. The fact is, one size does not fit all surgeons when it comes to liability coverage amounts, type of policy, and rates. How can you be sure that the carrier and policy you purchase will provide enough coverage for your surgical specialty if sued for medical malpractice? And how can you find a competitive rate?

Obtaining medical malpractice insurance through an independent broker at SURGPLI is the answer. We specialize in helping surgeons in all specialties save time and effort by getting quotes from A-rated carriers with a reputation for robust financial stability and legal support for policyholders if sued. Get a quote now.

Understand the basics of medical malpractice policy underwriting

For surgeons, each medical malpractice insurance policy is underwritten individually. Each carrier uses its proprietary methods of setting rates, which vary across carriers and specialties. Carriers typically consider the practice location, surgical specialty, and past claims history of each applicant.

Also, rates for medical malpractice insurance in some U.S. states are slightly higher than the national average – and lower in some states – and vary by location. In addition, surgeons practicing in larger cities and metro areas will typically pay higher rates than those in rural or less-populated areas.

For example, a plastic surgeon in a private practice in Miami, FL, who has a history of multiple past claims will likely pay a higher policy rate than a family medicine physician in Titusville with fewer or no claims. SURGPLI brokers are experienced in working with underwriters from multiple A-rated carriers, so they can help surgeons navigate the complexities of medical malpractice policy requirements.

Beyond the basics: Surgery is a “high-risk” specialty.

Overall, medical malpractice insurance underwriters consider surgeons “high-risk” applicants. Since policy rates are determined in part by the type of specialty and the likelihood of being sued for malpractice, surgeons can usually expect to pay a higher annual cost than the average estimated rates in the state where they practice.

Some specific surgical specialties carry a higher risk of iatrogenic patient injuries and thus increase a surgeon’s exposure surgeons to medical malpractice claims. According to data from the Medscape Physicians and Malpractice Report 2023, surgeons topped the list of “Malpractice Lawsuit Frequency, by Specialty”:

  • General Surgery       90%
  • OB/GYN                      85%
  • Orthopedics               82%
  • Plastic Surgery           73%
  • Otolaryngology          72%
  • Urology                       72%
  • Cardiology                  64%
  • Gastroenterology      64%
  • Neurology                   59%

Understand a surgeon’s risk of being sued for medical malpractice

Understanding the risk factors of your surgical specialty – and the likelihood of being sued – is key to ensuring that you obtain robust medical malpractice coverage beyond your state’s minimum requirements. The Medscape Physicians and Malpractice Report 2023 revealed the top five allegations in medical malpractice lawsuits: failure to diagnose or delay diagnosis, complications from treatment or surgery, failure to treat or delay treatment, poor outcome or disease progression, and wrongful death.

Here are more specific allegations by specialty most often alleged against surgeons in medical malpractice lawsuits:

  • General Surgery – Surgery is performed on the wrong body part, or when a foreign object is left in the patient’s body leading to a post-operative complication or death. 
  • OB/GYN Surgery – Misdiagnosis or delayed diagnosis of gynecological cancers; profound brain injuries at birth; misdiagnosis or delayed diagnosis of fetal distress.
  • Neurosurgery – Claims relating to laminectomy surgeries including improper performance of surgery, retained foreign body, delay in surgery, and unnecessary surgery.
  • Orthopedic Surgery – Post-operative implant and prosthesis infections; sciatic nerve injury in hip replacements; deep vein thrombosis developing into pulmonary embolism.
  • Bariatric Surgery – Lack of identifying and treating complications of laparoscopic sleeve gastrectomy; and bowel perforation during surgery.
  • Plastic Surgery – Improper performance and poor outcomes of higher-risk elective cosmetic surgeries, such as the Brazilian Butt Lift; delayed treatment of post-operative complications and infections.

Changing jobs or moving to a new practice? Surgeons need tail insurance.

You will need tail malpractice insurance if you change jobs or leave a job to open a private practice. Your medical malpractice insurance coverage from your previous employer ends on your last day of employment or termination of your contract. Your new employer’s medical malpractice insurance policy will not cover you for prior acts that occurred during your former employment. The same is true for a new standalone policy if you go into private practice instead.

If you don’t have tail insurance, you will be exposed to a lawsuit if a former patient files a claim against you for an incident that occurred while you were under contract with the previous employer. Some employers may offer tail insurance to departing employees, but the cost is typically more than 200% of regular medical malpractice coverage.

However, SURGPLI brokers will help you secure strong-tail malpractice insurance at a much more competitive rate that covers you retroactively from the first day of employment with your former employer. Learn more about tail malpractice insurance for surgeons and how SURGPLI can help you save money.

Get a quote now on robust medical malpractice coverage for surgeons.

Reach out to a SURGPLI broker who will answer your questions and help you understand the complexities of seeking medical malpractice insurance and tail coverage for surgeons — and most of all, work with you to find the best coverage and competitive rate for your surgical specialty and location. Also, ask about policy discounts from some carriers that may be available if you have a risk management strategy.

SURGPLI is the only broker you’ll ever need for your medical malpractice coverage needs.

Call us at 1-800-969-1339 or email us at info@SURGPLI.com.

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What All Surgeons Should Know When Seeking Medical Malpractice Insurance2024-12-02T12:23:45+00:00

North Carolina Surgeons 2024 Buying Guide to Medical Malpractice Insurance

2024-11-27T18:09:30+00:00

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1. North Carolina Surgeons 2024 Buying Guide to Medical Malpractice Insurance

If you are a surgeon needing medical malpractice insurance in North Carolina, SURGPLI will work for you as your only trusted broker. Our brokers have deep knowledge of North Carolina’s medical malpractice insurance marketplace, plus they stay up-to-date on the state’s legislation and tort reforms that affect rates and coverage requirements for your surgical specialty. Use the information in this 2024 Buying Guide to get ready to discuss your medical malpractice insurance needs with a SURGPLI broker.

 

North Carolina has a stable medical malpractice insurance market and tort reforms, leading to fewer claims in recent years. However, with no caps on economic damages and high caps on non-economic damages in North Carolina, surgeons practicing there need robust medical malpractice coverage. An independent SURGPLI broker will work with you to find the right coverage and carrier at a competitive rate for your surgical specialty.

2. 2024 Medical Malpractice Coverage and Rates for North Carolina

Although surgeons in North Carolina are not required by law to obtain medical malpractice insurance, SURGPLI advises surgeons – especially in high-risk specialties – to secure and maintain strong liability coverage. Speak with a SURGPLI insurance broker who will help you find the best coverage to reduce risk to your practice and protect against personal financial loss if sued.

3. North Carolina Estimated Malpractice Insurance Rates by Specialty

Each carrier uses its proprietary methods of setting rates, which vary among carriers and specialties. Each malpractice insurance policy is underwritten individually, but the following are approximate rates across all North Carolina locations to give you an idea of costs by high-risk specialty.

Specialty Approximate Claims Made Rate Approximate Tail Rate Approximate Occurrence Rate
General Surgery $35,000 $70,000 $45,000
Obstetrics and Gynecology $55,000 $110,000 $65,000
Orthopedic Surgery No Spine $30,000 $60,000 $40,000
Orthopedic Surgery Spine $45,000 $90,000 $55,000
Plastic Surgery $35,000 $70,000 $45,000
Bariatric Surgery $55,000 $110,000 $65,000
Neurosurgery $65,000 $130,000 $75,000

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

North Carolina healthcare facilities typically require surgeons to carry medical malpractice insurance to have admitting privileges. The average requirement for coverage by North Carolina medical facilities is $1,000,000 per claim, $3,000,000 per year.

Also, if you need tail insurance coverage as a contracted surgeon changing jobs, we can help. SURGPLI specializes in medical malpractice insurance for private practices, and tail insurance coverage for North Carolina surgeons, so contact us for a personalized quote based on your unique needs.

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

Surgeons in North Carolina have many good options for medical liability insurance. SURGPLI recommends carriers rated “A” by A.M. Best. These companies are A-rated because of their long-term financial solvency and a history of providing robust legal support for North Carolina surgeons. Some of the top carriers include:

  • The Doctors Company
  • MedPro Group
  • MagMutual
  • Curi (Medical Mutual Insurance Co. of North Carolina)
  • ProAssurance
  • NORCAL Group (A Part of ProAssurance)
  • Coverys Group
  • Liberty Mutual Group

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5. Types of Professional Liability Insurance for North Carolina Surgeons

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

Claims Made Insurance
Claims-made malpractice insurance provides coverage if the policy is in effect 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 ensure you have full protection. Claims-made insurance policies “step up” as they mature, so the first-year rate is lower than subsequent years.

Occurrence Insurance
Occurrence malpractice insurance provides coverage for incidents that occurred during the policy year, regardless of when a claim is reported to the carrier. Occurrence policies are more costly at the start of the policy, but the rate does not “step up”, and there is no need for tail coverage when the policy ends.

Tail Insurance

Since most malpractice insurance policies are underwritten on a claims-made basis, you will be exposed to a lawsuit if a former patient files a claim against you and you do not secure tail coverage. When 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 won’t cover you for prior acts of former practice, hence tail coverage is needed. Read more about tail malpractice insurance.

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

6. Understand Your Risk of Malpractice Claims in North Carolina

Although North Carolina is not considered a highly litigious state, it does not cap the amount of economic damages paid to plaintiffs. That’s just one reason why surgeons must have robust medical malpractice coverage. Note that the total medical malpractice payout in North Carolina was $33,670,750 in 2022. Here are some of the most common iatrogenic patient injuries that have been named in medical malpractice lawsuits against surgeons practicing in high-risk specialties:

Neurosurgery – Claims relating to laminectomy surgeries (anterior cervical fusion and posterior lumbar fusion), including improper performance of surgery, retained foreign body, delay in surgery, and unnecessary surgery.

Bariatric Surgery – Lack of identifying and treating complications of laparoscopic sleeve gastrectomy; and 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; or failing to close a bleeding vein or artery.

Check out the SURGPLI Medical Malpractice Insurance Blog for articles discussing ways private practice surgeons can best manage the risk of being sued for malpractice, as well as other information on medical malpractice insurance trends and legislation.

7. Tort Reform in North Carolina

  • North Carolina has a law offering alternative dispute resolution as an additional option to lengthy medical malpractice suits. This includes “mediation, arbitration, a summary jury trial, and early neutral evaluation”. Alternative dispute resolution has helped decrease the state’s cost and length of litigation.
  • For parties who choose alternative dispute resolution, there is a $1 million cap on total damages for medical malpractice liability claims, according to the Voluntary Arbitration of Health Care Claims Act, enacted in 2007.
  • Additionally, in 2011, North Carolina passed a law capping non-economic damages in most medical malpractice cases at $500,000. In addition to the cap, this law expanded the protection of emergency medical personnel providing care in emergencies.

8. North Carolina’s Damage Caps on Medical Malpractice Lawsuits

  • North Carolina does not set a cap on economic damages. However, in most cases, the state requires a separate trial to determine the amount of economic damages if they are claimed to be more than $150,000. These two trials may be combined into a single trial if the judge finds good cause.
  • North Carolina has a $500,000 cap on non-economic damages in medical malpractice cases, evaluated and possibly increased for inflation every three years since January 1, 2014.
  • The $500,000 cap on non-economic damages can be circumvented, however, in cases where the injured party suffered disfigurement, lost the use of a body part, or in the cases of gross negligence or patient death.
  • In 2007, the state passed the Voluntary Arbitration of Health Claims Act, “capping total damages at $1 million in medical professional liability claims where both parties agree to use binding arbitration”.

9. North Carolina’s Statute of Limitations for Medical Malpractice Claims

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

  • A person in North Carolina has three years from the date of injury to file a medical malpractice claim.
  • In cases of wrongful death, claims need to be filed within two years of the death.
  • If the injury is not discovered within the two-year deadline, the claim must be filed within one year of the discovery with no more than four years passing from the date the injury was caused.
  • In cases where a foreign object was left in the body, patients must file a claim within one year of the discovery and cannot be filed more than ten years after the date the object was left in the body.
  • Medical malpractice law for minors in North Carolina is complicated and exceptions to the three-year rule are calculated on several different factors including age, guardianship status, and other legal factors.

The statutes of limitations for medical malpractice can be complex and vary from case to case. Consulting with SURGPLI insurance brokers who understand the ins and outs of this system is an important part of protecting your medical practice with the right amount of medical malpractice insurance coverage.

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

Reach out to SURGPLI to ensure you have strong medical malpractice coverage for your private surgical practice in North Carolina. Also, we help contracted surgeons secure tail coverage when changing jobs. Whether you’re a plastic surgeon in Charlotte, a neurosurgeon in Raleigh, or an OB/GYN in Greensboro, SURGPLI insurance brokers will help you obtain coverage from an A-rated carrier.

 

Max Schloemann

About the Author

Max Schloemann is a medical malpractice insurance broker, focused on helping physicians secure Medical Professional Liability coverage. He helps Doctors and Surgeons, as well as Physician Assistants, Nurse Practitioners, and healthcare entrepreneurs launch new medical practices across the country. Max graduated Magna cum Laude from Southern Illinois University College of Business and was named the Outstanding Management Senior. Max’s career in medical malpractice insurance began in 2008 with an industry-leading firm. Max founded SURGPLI in 2023 to help surgeons navigate the complexities of medical malpractice insurance in the new era of healthcare. Max’s wife, Kristen, a Physician Assistant, and their 4 kids (plus 1 dog) enjoy hiking, golf, and cooking.

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North Carolina Surgeons 2024 Buying Guide to Medical Malpractice Insurance2024-11-27T18:09:30+00:00

What Surgeons Need to Know About Medical Malpractice and AI

2024-11-27T18:09:43+00:00

What Surgeons Need to Know About Medical Malpractice and AI

Artificial Intelligence (AI) technology platforms are transforming the healthcare industry overall and surgical practices in particular as a new mode of patient care. Along with the proposed benefit of AI to support faster clinical decision-making comes an important caveat for surgeons: How will using AI platforms for patient diagnostic and treatment decisions affect your risk of being sued for malpractice?

Although AI is a hot discussion topic among healthcare industry leaders, there is no definitive answer yet on the question of a surgeon’s liability when using AI for patient care. SURGPLI is staying abreast of this developing issue to ensure that you always have the right coverage if you choose to adopt an AI platform in your practice. SURGPLI brokers have compiled the resources in this article to help you stay informed of the current discussions of potential liability risks of AI in surgical practice.

Questions about your medical malpractice coverage and AI? Contact a SURGPLI broker.

AI benefits and potential medical liability risks

Artificial Intelligence for healthcare applications is actually nothing new and has proven beneficial for improving patient care. Orthopedic surgeons, for example, have used AI-driven surgical robotics for joint replacement and spine surgeries for many years. Also, radiologists, pathologists, and other specialists use AI-enhanced imaging programs to obtain more complex views of diagnostic CT and MRI scans.

However, many of today’s emerging AI programs are designed to aid physicians in researching patient conditions and making diagnostic decisions, such as ChatGPT and electronic health records integrated with AI. One huge risk of these AI programs is that they are known to “hallucinate” or degrade over time, causing them to generate false or incomplete information. There is a major concern that if surgeons trust and become more dependent on the recommendations of AI programs than their clinical judgement, this will heighten the risk of making erroneous decisions and result in iatrogenic patient injuries.

Although it is still unclear how AI-related medical errors will be handled in future medical malpractice lawsuits, healthcare industry leaders are sharing their insights. For example, an article published by the Milbank Memorial Fund, an independent organization founded to improve population health and health equity, discussed three types of possible medical liability scenarios involving AI and other machine learning applications (AI/ML):

  • Medical malpractice allegations resulting from physicians “failing to critically evaluate AI/ML recommendations” with the result of deviation from the standard of care.
  • Negligence allegations in which physicians are liable for implementing an AI/ML system that led to negligent patient treatment decisions by the physician or clinical staff.
  • Product liability allegations in which patients can sue the maker of a defective AI platform. However, physicians may be also be involved as defendants if they were consultants for designers of the AL/ML device that caused a patient injury.

Are you thinking of implementing AI in your practice? Contact a SURGPLI broker to discuss the details of your current medical malpractice coverage to ensure it addresses lawsuits involving AI platforms.

Proposing a “new standard of care” with AI

Looking forward, we at SURGPLI foresee tort reforms that will either change existing medical liability laws to include AI as a mode of treatment or enact new laws specifically defining liability for medical malpractice allegations involving AI. In turn, we expect these types of reforms may also bring about changes in the way medical malpractice policies are underwritten.

For example, a recent article authored by Johns Hopkins Carey Business School faculty members posed the question if medical malpractice should be a concern when deciding whether or not to use AI when treating patients. The authors discuss scenarios in which physicians are using AI with caution due to concerns about allegations that treatment with AI does not meet current standards of care. But those concerns are likely to dissipate as AI diagnostic platforms become more accurate and advanced, and medical malpractice laws around AI become more defined. The article concludes with a proposal that medical liability legislation needs to be redefined and crafted around a “new standard of care” that includes AI as an accepted mode of patient care.

Are you a surgeon using AI? Get a quote on robust medical malpractice coverage from SURGPLI.

Using AI programs for administrative, recordkeeping, and scheduling tasks is already an established trend in many medical practices. However, the availability and use of AI platforms for diagnosing and predicting patient outcomes are expected to become more prevalent as new AI diagnostic tools are introduced to the healthcare market. And that can potentially put surgeons at higher risk for new AI-related malpractice allegations.

Now is the time to talk with a SURGPLI broker about your risk factors for a medical malpractice lawsuit involving AI platforms – and ensure that you have the strongest coverage available for your specialty from an A-rated carrier.

Call us at 1-800-969-1339 or email us at info@MEDPLI.com.

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What Surgeons Need to Know About Medical Malpractice and AI2024-11-27T18:09:43+00:00

Massachusetts Surgeons 2024 Buying Guide to Medical Malpractice Insurance

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

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Medical Malpractice Insurance

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Massachusetts Surgeons 2024 Buying Guide to Medical Malpractice Insurance

If you are a surgeon needing medical malpractice insurance in Massachusetts, SURGPLI will work for you as your only trusted broker. Our insurance brokers have deep knowledge of Massachusetts’ medical malpractice insurance marketplace, plus they stay up-to-date on the state’s legislation and tort reforms that affect rates and coverage requirements for your surgical specialty. Use the information in this 2024 Buying Guide to get ready to discuss your medical malpractice insurance needs with a SURGPLI insurance broker.

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

2024 Medical Malpractice Coverage and Rates for Massachusetts

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

Massachusetts Estimated Malpractice Insurance Rates by Specialty

Each carrier uses its own proprietary methods of setting rates, which vary among carriers and specialties. Each malpractice insurance policy is underwritten individually, but the following are approximate rates across all Massachusetts locations to give you an idea of costs by high-risk specialty.

Specialty Approximate Claims Made Rate Approximate Tail Rate Approximate Occurrence Rate
General Surgery $45,000 $90,000 $55,000
Obstetrics and Gynecology Major Surgery $70,000 $140,000 $80,000
Orthopedic Surgery No Spine $40,000 $80,000 $50,000
Orthopedic Surgery Spine $60,000 $120,000 $70,000
Plastic Surgery $45,000 $90,000 $55,000
Bariatric Surgery $70,000 $140,000 $80,000
Neurosurgery $80,000 $160,000 $90,000

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

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

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

Get a quote.

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

Surgeons in Massachusetts have many good options for medical liability insurance. SURGPLI recommends carriers rated “A” by A.M. Best. These companies are A-rated because of their long-term financial solvency and a history of providing robust legal support for Massachusetts surgeons. Some of the top carriers include:

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

Save time and effort by getting a wide range of A-rated carrier quotes through SURGPLI as a single point of contact. Get a quote with us today.

GET A QUOTE TODAY

Save time and effort by getting a wide range of A-rated carrier quotes through SURGPLI as a single point of contact.

Types of Professional Liability Insurance for Massachusetts Surgeons

 

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

Claims Made Insurance
Claims-made malpractice insurance provides coverage if the policy is in effect both when the incident took place AND when the claim is filed. If a claim is filed after the end of the policy date, the claim is NOT covered. With a claims-made policy you need tail malpractice insurance, which is a separately purchased insurance policy or endorsement, to make sure you have full protection. Claims-made insurance policies “step up” as they mature, so the first year rate is lower than subsequent years.

Occurrence Insurance
Occurrence malpractice insurance provides coverage for incidents that occurred during the policy year, regardless of when a claim is reported to the carrier. Occurrence policies are more costly at the start of the policy, but the rate does not “step up”, and there is no need for tail coverage when the policy ends.

Tail Insurance
Since most malpractice insurance policies are underwritten on a claims-made basis, you will be exposed to a lawsuit if a former patient files a claim against you and you do not secure tail coverage. When you are preparing to leave your employer, you should seek tail coverage options with an independent broker like SURGPLI. Tail insurance covers you for a specific time period. The new employer’s policy is not going to cover you for prior acts of a former practice, hence tail coverage is needed. Read more about tail malpractice insurance.

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

Understand Your Risk of Malpractice Claims in Massachusetts

Massachusetts has no caps on economic and non-economic damages, which makes surgeons more vulnerable to personal financial loss if they do not have strong medical malpractice coverage. Note that the total medical malpractice payout in Massachusetts was $183,291,300 in 2022. Here are some of the most common iatrogenic patient injuries that have been named in medical malpractice lawsuits against surgeons practicing in high-risk specialties:

Neurosurgery – Claims relating to laminectomy surgeries (anterior cervical fusion and posterior lumbar fusion), including: improper performance of surgery, retained foreign body, delay in surgery, and unnecessary surgery.

Bariatric Surgery – Lack of identifying and treating complications of laparoscopic sleeve gastrectomy; bowel perforation during surgery.

Orthopedic Surgery – Post-operative implant and prosthesis infections; sciatic nerve injury in hip replacements; deep vein thrombosis developing into pulmonary embolism.

OB/GYN Surgery – Birth injuries caused by improper use of medical devices or techniques; profound brain injuries at birth; misdiagnosis or delayed diagnosis of fetal distress.

Plastic Surgery – Improper performance and poor outcomes of higher-risk elective cosmetic surgeries; surgical errors and negligence regarding post-operative infections, bad facial filler injections, uneven breast augmentations, and visible scarring.

General Surgery – Surgical errors, such as when surgery is performed on the wrong body part, or when a sponge or surgical instrument is left in the patient’s body leading to a post-operative complication or death; failing to close a bleeding vein or artery.

Check out the SURGPLI Medical Malpractice Insurance Blog for articles that discuss ways that private practice surgeons can best manage the risk of being sued for malpractice, as well as other information on medical malpractice insurance trends and legislation.

Tort Reform in Massachusetts

Notable tort reforms in Massachusetts include:

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

Massachusetts’s Damage Caps on Medical Malpractice Lawsuits

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

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

Massachusetts’s Statute of Limitations for Medical Malpractice Claims

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

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

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

The statutes of limitations for medical malpractice can be complex and can vary from case to case. Consulting with SURGPLI brokers who understand the ins and outs of this system is an important part of protecting your medical practice with the right amount of medical malpractice insurance coverage.

Need Medical Malpractice Insurance in Missouri? Request a Quote Today

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

Max Schloemann

About the Author

Max Schloemann is a medical malpractice insurance broker, focused on helping physicians secure Medical Professional Liability coverage. He helps Doctors and Surgeons, as well as Physician Assistants, Nurse Practitioners, and healthcare entrepreneurs launch new medical practices across the country. Max graduated Magna cum Laude from Southern Illinois University College of Business and was named the Outstanding Management Senior. Max’s career in medical malpractice insurance began in 2008 with an industry-leading firm. Max founded SURGPLI in 2023 to help surgeons navigate the complexities of medical malpractice insurance in the new era of healthcare. Max’s wife, Kristen, a Physician Assistant, and their 4 kids (plus 1 dog) enjoy hiking, golf, and cooking.

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

Virginia Surgeons 2024 Buying Guide to Medical Malpractice Insurance

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

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Medical Malpractice Insurance

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1. Virginia Surgeons 2024 Buying Guide to Medical Malpractice Insurance

If you are a surgeon needing medical malpractice insurance in Virginia, SURGPLI will work for you as your only trusted insurance broker. Our advisors have deep knowledge of Virginia’s medical malpractice insurance marketplace, plus they stay up-to-date on the state’s legislation and tort reforms that affect rates and coverage requirements for your surgical specialty. Use the information in this 2024 Buying Guide to get ready to discuss your medical malpractice insurance needs with a SURGPLI advisor.

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

2. 2024 Medical Malpractice Coverage and Rates for Virginia

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

3. Virginia Estimated Malpractice Insurance Rates by Specialty

Each carrier uses its own proprietary methods of setting rates, which vary among carriers and specialties. Each malpractice insurance policy is underwritten individually, but the following are approximate rates across all Virginia locations to give you an idea of costs by high-risk specialty.

Specialty Approximate Claims Made Rate Approximate Tail Rate Approximate Occurrence Rate
General Surgery $50,000 $100,000 $60,000
Obstetrics and Gynecology $80,000 $160,000 $90,000
Orthopedic Surgery No Spine $40,000 $80,000 $50,000
Orthopedic Surgery Spine $75,000 $150,000 $85,000
Plastic Surgery $50,000 $100,000 $60,000
Bariatric Surgery $80,000 $160,000 $90,000
Neurosurgery $90,000 $180,000 $100,000

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

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

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

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

Surgeons in Virginia have many good options for medical liability insurance. SURGPLI recommends carriers rated “A” by A.M. Best. These companies are A-rated because of their long-term financial solvency and a history of providing robust legal support for Virginia surgeons. Some of the top carriers include:

  • The Doctors Company
  • MagMutual
  • MedPro Group
  • ProAssurance
  • Coverys Group
  • Liberty Mutual Group

GET A QUOTE TODAY

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

5. Types of Professional Liability Insurance for Virginia Surgeons

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

Claims Made Insurance
Claims-made malpractice insurance provides coverage if the policy is in effect both when the incident took place AND when the claim is filed. If a claim is filed after the end of the policy date, the claim is NOT covered. With a claims-made policy you need tail malpractice insurance, which is a separately purchased insurance policy or endorsement, to make sure you have full protection. Claims-made insurance policies “step up” as they mature, so the first year rate is lower than subsequent years.

Occurrence Insurance
Occurrence malpractice insurance provides coverage for incidents that occurred during the policy year, regardless of when a claim is reported to the carrier. Occurrence policies are more costly at the start of the policy, but the rate does not “step up”, and there is no need for tail coverage when the policy ends.

Tail Insurance
Since most malpractice insurance policies are underwritten on a claims-made basis, you will be exposed to a lawsuit if a former patient files a claim against you and you do not secure tail coverage. When you are preparing to leave your employer, you should seek tail coverage options with an independent broker like SURGPLI. Tail insurance covers you for a specific time period. The new employer’s policy is not going to cover you for prior acts of a former practice, hence tail coverage is needed. Read more about tail malpractice insurance.

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

6. Understand Your Risk of Malpractice Claims in Virginia

Even the most experienced surgeons are at risk of being sued for malpractice, so they need robust medical malpractice coverage, especially in Virginia where combined damage caps are high and increase annually. Note that the total medical malpractice payout in Virginia was $53,336,250 in 2022. Here are some of the most common iatrogenic patient injuries that have been named in medical malpractice lawsuits against surgeons practicing in high-risk specialties:

Neurosurgery – Claims relating to laminectomy surgeries (anterior cervical fusion and posterior lumbar fusion), including: improper performance of surgery, retained foreign body, delay in surgery, and unnecessary surgery.

Bariatric Surgery – Lack of identifying and treating complications of laparoscopic sleeve gastrectomy; bowel perforation during surgery.

Orthopedic Surgery – Post-operative implant and prosthesis infections; sciatic nerve injury in hip replacements; deep vein thrombosis developing into pulmonary embolism.

OB/GYN Surgery – Birth injuries caused by improper use of medical devices or techniques; profound brain injuries at birth; misdiagnosis or delayed diagnosis of fetal distress.

Plastic Surgery – Improper performance and poor outcomes of higher-risk elective cosmetic surgeries; surgical errors and negligence regarding post-operative infections, bad facial filler injections, uneven breast augmentations, and visible scarring.

General Surgery – Surgical errors, such as when surgery is performed on the wrong body part, or when a sponge or surgical instrument is left in the patient’s body leading to a post-operative complication or death; failing to close a bleeding vein or artery.

Check out the SURGPLI Medical Malpractice Insurance Blog for articles that discuss ways that private practice surgeons can best manage the risk of being sued for malpractice, as well as other information on medical malpractice insurance trends and legislation.

7. Tort Reform in Virginia

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

In addition, The Virginia Medical Malpractice Act in 2005:

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

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

8. Virginia’s Damage Caps on Medical Malpractice Lawsuits

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

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

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

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

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

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

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

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

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

 

Max Schloemann

About the Author

Max Schloemann is a medical malpractice insurance broker, focused on helping physicians secure Medical Professional Liability coverage. He helps Doctors and Surgeons, as well as Physician Assistants, Nurse Practitioners, and healthcare entrepreneurs launch new medical practices across the country. Max graduated Magna cum Laude from Southern Illinois University College of Business and was named the Outstanding Management Senior. Max’s career in medical malpractice insurance began in 2008 with an industry-leading firm. Max founded SURGPLI in 2023 to help surgeons navigate the complexities of medical malpractice insurance in the new era of healthcare. Max’s wife, Kristen, a Physician Assistant, and their 4 kids (plus 1 dog) enjoy hiking, golf, and cooking.

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

Ohio Surgeons 2024 Buying Guide to Medical Malpractice Insurance

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

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Ohio Surgeons 2024 Buying Guide to Medical Malpractice Insurance

If you are a surgeon needing medical malpractice insurance in Ohio, SURGPLI will work for you as your only trusted broker. Our advisors have deep knowledge of Ohio’s medical malpractice insurance marketplace, plus they stay up-to-date on the state’s legislation and tort reforms that affect rates and coverage requirements for your surgical specialty. Use the information in this 2024 Buying Guide to get ready to discuss your medical malpractice insurance needs with a SURGPLI advisor.

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

2024 Medical Malpractice Coverage and Rates for Ohio

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

Ohio Estimated Malpractice Insurance Rates by Specialty

Each carrier uses its own proprietary methods of setting rates, which vary among carriers and specialties. Each malpractice insurance policy is underwritten individually, but the following are approximate rates across all Ohio locations to give you an idea of costs by high-risk specialty.

Specialty Approximate Claims Made Rate Approximate Tail Rate Approximate Occurrence Rate
General Surgery $50,000 $100,000 $60,000
Obstetrics and Gynecology $70,000 $140,000 $80,000
Orthopedic Surgery No Spine $40,000 $80,000 $50,000
Orthopedic Surgery Spine $65,000 $130,000 $75,000
Plastic Surgery $45,000 $90,000 $55,000
Bariatric Surgery $70,000 $140,000 $80,000
Neurosurgery $80,000 $160,000 $160,000

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

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

Get a quote.

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

Surgeons in Ohio have many good options for medical liability insurance. SURGPLI recommends carriers rated “A” by A.M. Best. These companies are A-rated because of their long-term financial solvency and a history of providing robust legal support for Ohio surgeons. Some of the top carriers include:

  • The Doctors Company
  • MedPro Group
  • Coverys Group
  • ProAssurance
  • NORCAL Group (A Part of ProAssurance)
  • Liberty Mutual Group

GET A QUOTE TODAY

Save time and effort by getting a wide range of A-rated carrier quotes through SURGPLI as a single point of contact.

Types of Professional Liability Insurance for Ohio Surgeons

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

Claims Made Insurance
Claims-made malpractice insurance provides coverage if the policy is in effect both when the incident took place AND when the claim is filed. If a claim is filed after the end of the policy date, the claim is NOT covered. With a claims-made policy you need tail malpractice insurance, which is a separately purchased insurance policy or endorsement, to make sure you have full protection. Claims-made insurance policies “step up” as they mature, so the first year rate is lower than subsequent years.

Occurrence Insurance
Occurrence malpractice insurance provides coverage for incidents that occurred during the policy year, regardless of when a claim is reported to the carrier. Occurrence policies are more costly at the start of the policy, but the rate does not “step up”, and there is no need for tail coverage when the policy ends.

Tail Insurance
Since most malpractice insurance policies are underwritten on a claims-made basis, you will be exposed to a lawsuit if a former patient files a claim against you and you do not secure tail coverage. When you are preparing to leave your employer, you should seek tail coverage options with an independent broker like SURGPLI. Tail insurance covers you for a specific time period. The new employer’s policy is not going to cover you for prior acts of a former practice, hence tail coverage is needed. Read more about tail malpractice insurance.

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

Understand Your Risk of Malpractice Claims in Ohio

Ohio has no cap on economic damages, so surgeons more vulnerable to personal financial loss if they do not have strong medical malpractice coverage. Note that the total medical malpractice payout in Ohio was $95,076,250 in 2022. Here are some of the most common iatrogenic patient injuries that have been named in medical malpractice lawsuits against surgeons practicing in high-risk specialties:

Neurosurgery – Claims relating to laminectomy surgeries (anterior cervical fusion and posterior lumbar fusion), including: improper performance of surgery, retained foreign body, delay in surgery, and unnecessary surgery.

Bariatric Surgery – Lack of identifying and treating complications of laparoscopic sleeve gastrectomy; bowel perforation during surgery.

Orthopedic Surgery –Post-operative implant and prosthesis infections; sciatic nerve injury in hip replacements; deep vein thrombosis developing into pulmonary embolism.

OB/GYN Surgery – Birth injuries caused by improper use of medical devices or techniques; profound brain injuries at birth; misdiagnosis or delayed diagnosis of fetal distress.

Plastic Surgery – Improper performance and poor outcomes of higher-risk elective cosmetic surgeries; surgical errors and negligence regarding post-operative infections, bad facial filler injections, uneven breast augmentations, and visible scarring.

General Surgery – Surgical errors, such as when surgery is performed on the wrong body part, or when a sponge or surgical instrument is left in the patient’s body leading to a post-operative complication or death; failing to close a bleeding vein or artery.

Check out the SURGPLI Medical Malpractice Insurance Blog for articles that discuss ways that private practice surgeons can best manage the risk of being sued for malpractice, as well as other information on medical malpractice insurance trends and legislation.

Tort Reform in Ohio

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

Ohio’s Damage Caps on Medical Malpractice Lawsuits

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

Ohio does cap damages for non-economic injuries:

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

Ohio’s Statute of Limitations for Medical Malpractice Claims

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

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

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

The statutes of limitations for medical malpractice can be complex and can vary from case to case. Consulting with SURGPLI advisors who understand the ins and outs of this system is an important part of protecting your medical practice with the right amount of medical malpractice insurance coverage.

Need Medical Malpractice Insurance in Ohio? Request a Quote Today

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

Max Schloemann

About the Author

Max Schloemann is a medical malpractice insurance broker, focused on helping physicians secure Medical Professional Liability coverage. He helps Doctors and Surgeons, as well as Physician Assistants, Nurse Practitioners, and healthcare entrepreneurs launch new medical practices across the country. Max graduated Magna cum Laude from Southern Illinois University College of Business and was named the Outstanding Management Senior. Max’s career in medical malpractice insurance began in 2008 with an industry-leading firm. Max founded SURGPLI in 2023 to help surgeons navigate the complexities of medical malpractice insurance in the new era of healthcare. Max’s wife, Kristen, a Physician Assistant, and their 4 kids (plus 1 dog) enjoy hiking, golf, and cooking.

Read the latest From SURGPLI

Contact us for a oh MEDICAL MALPRACTICE INSURANCE quote

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