Florida Surgeons Medical Malpractice Insurance Buying Guide 2024

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If you are a surgeon in need of medical malpractice insurance in Florida, SURGPLI will work for you as your only personal trusted broker. Our insurance brokers:

• have deep knowledge of Florida’s medical malpractice insurance marketplace
• stay up-to-date on the state’s legislation and tort reforms that affect rates and coverage requirements for your surgical specialty – and –
• save you time and effort by getting a wide range of A-rated carrier quotes through SURGPLI as a single point of contact.

According to the U.S. Census Bureau, Florida is the most rapidly growing U.S. state by population. There is high demand for OB/GYNs, orthopedic surgeons, and plastic surgeons, in particular, to serve the typical demographic of older retirees, but also younger working professionals and families. However, surgeons in these high-risk specialties need comprehensive medical malpractice insurance.

Requirements: Florida does not legally require surgeons to carry medical malpractice insurance.

Payouts: Florida is among the top three U.S. states with the most medical malpractice payouts on record, totaling nearly $10.6 billion over the last 20 years

Recommendation: Obtaining medical malpractice insurance is still the best way to protect you and your surgical practice in Florida from personal financial loss in the event of a lawsuit.

Each carrier uses its own proprietary methods of setting rates, causing rates to vary among carriers and specialties. Carriers typically consider factors such as practice location, surgical specialty, and past claims history. Each malpractice insurance policy is underwritten individually, but the following rates are estimates to give you an idea of costs by high-risk specialty.

*Using the FL standard limits of $250,000 Each Claim / $750,000 Aggregate per year in coverage. These rates are estimates only and can vary widely depending on the location and the claims history of each physician.

Rates for medical malpractice insurance in Florida are slightly higher than the national average and vary by location. Surgeons working in cities like Miami and Orlando will pay higher rates than those in less-populated locales.

SURGPLI specializes in both medical malpractice insurance and tail insurance coverage for Florida surgeons, so reach out to us for a personalized quote based on your unique needs.

Surgeons in Florida have many options for obtaining medical malpractice insurance, but we recommend carriers rated “A” by A.M. Best. These companies are A-rated because of their long-term financial solvency, and a history of providing robust financial and legal support for Florida surgeons.

SURGPLI insurance brokers reach out on a regular basis to get quotes from the top-rated companies serving Florida surgeons, including:

• The Doctors Company
• MedPro Group
• MAG Mutual
• ProAssurance

• Norcal (A Part of ProAssurance)
• Coverys Group
• ISMIE

SURGPLI will serve as your single point of contact to get a wide range of quotes from A-rated carriers, then promptly review your options with you to find the best fit.

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Florida Medical Malpractice Insurance

There are 3 types of medical malpractice insurance for surgeons in Florida:

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

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

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

Florida surgeons in high-risk specialties are more vulnerable to medical malpractice claims – and may require more coverage beyond Florida’s liability limits. Here are some of the most common iatrogenic patient injuries that have been named in medical malpractice lawsuits against surgeons practicing in high-risk specialties:

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

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

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

OB/GYN Surgery – Misdiagnosis or delayed diagnosis of gynecological cancers; profound brain injuries at birth; misdiagnosis or delayed diagnosis of fetal distress.

Plastic Surgery – Improper performance and poor outcomes of higher-risk elective cosmetic surgeries, such as the Brazilian Butt Lift; improper management of post-operative complications and infections.

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

According to the Florida Board of Medicine, as a condition of licensing and maintaining an active license, and prior to the issuance or renewal of an active license or reactivation of an inactive license for the practice of medicine, an applicant must:

• Obtain and maintain professional liability coverage in an amount not less than $100,000 per claim, with a minimum annual aggregate of not less than $300,000, from an authorized insurer – or –
• Establish and maintain an escrow account consisting of cash or assets eligible for deposit in the per claim amounts specified above – or –
• Obtain and maintain a letter of credit in an amount not less than $100,000 per claim, with a minimum aggregate availability of credit of not less than $300,000.

Physicians who perform surgery in an ambulatory surgical center licensed under chapter 395 and, as a continuing condition of staff privileges, must establish financial responsibility by one of the following methods:

• Obtain and maintain professional liability coverage in an amount not less than $250,000 per claim, with a minimum annual aggregate of not less than $750,000 from an authorized insurer – or –
• Establish and maintain an escrow account consisting of cash or assets eligible for deposit in the per claim amounts specified above – or –
• Obtain and maintain a letter of credit in an amount not less than $250,000 per claim, with a minimum aggregate availability of credit of not less than $750,000

Rather than using secured assets to cover claims, SURGPLI’s recommendation is that carrying medical malpractice insurance from an A-rated carrier is the most cost-effective way to protect yourself.

• Most Florida doctors carry malpractice insurance that covers $250,000.00 per claim /$750,000.00 aggregate, though surgeons, OB/GYNs, and other physicians seeking higher limits will opt for $1,000,000.00 per claim/$3,000,000.00 aggregate.
• The general recommendation for all doctors is to carry coverage at $1,000,000.00 per claim/$3,000,000.00 aggregate since it offers robust protection, and health care centers in Florida sometimes require these limits before allowing admitting privileges.

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Florida Medical Malpractice Insurance

On Friday, March 24, 2023, Gov. Ron DeSantis signed into law HB 837: Civil Remedies. The tort reforms in this bill focus mainly on statutes of limitations, comparative negligence, and the admissibility of medical bills at trial.

The new law enacts a modified comparative negligence approach in medical malpractice lawsuits that prevents the plaintiff from recovering damages from the defendant if a jury finds that the plaintiff is more than 50% at fault for their own injury or harm. Also, the admissibility of medical bills at trial allows for admissible evidence to prove that the plaintiff’s damages more closely reflect actual amounts paid or allowed for medical services received. (See below for details of changes to Florida’s statutes of limitations.)

In Florida there is no limit on the amount of compensation a plaintiff can recover for past and future economic damages, such as medical care necessitated by the malpractice, lost income, lost future earning capacity, and any other measurable economic losses attributable to the defendant’s malpractice.

Previously, Florida statutes allowed a $500,000 cap on non-economic damages (which included compensation for “pain and suffering”) and a $1,000,000 cap on non-economic damages if the malpractice resulted in death or a vegetative state, but these statutes were struck down as unconstitutional in 2017.

The statute of limitations in Florida for medical malpractice claims in general/ordinary negligence cases have been reduced from four years to two years as a result of the tort reforms passed in 2023:

• Ordinary negligence carries a statute of limitation of two years from the date the harm from the malpractice was discovered or could reasonably have been discovered.
• The statute of limitations might be extended to four years in cases where the injury wasn’t immediately discoverable.
• For cases that involve intentional misrepresentation, concealment or fraud is, the statute of limitations is seven years.
• For minors, the statute of limitations is different. When an action is being brought on behalf of a minor child, a medical malpractice claim may be filed up until the child’s eighth birthday.

Reach out to SURGPLI to ensure you have strong medical malpractice coverage for your private surgical practice in Florida. SURGPLI insurance brokers also specialize in helping contracted surgeons obtain tail coverage when changing jobs. Whether you’re an OB/GYN specialist in Jacksonville, a plastic surgeon in Miami, or an orthopedic surgeon in Orlando, we’ll help you obtain coverage from an A-rated carrier.

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

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

Max Schloemann 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.