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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.

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.

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.

*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

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.

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.

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.

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

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 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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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.

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.

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.

*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.

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.

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.

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.

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.

• 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:

• 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.”

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.

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 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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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.

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.

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.

*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.

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.

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.

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.

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.

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.”

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.

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 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.

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.

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.

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.

*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.

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

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.

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.

• 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.

• 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”.

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.

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 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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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.

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.

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.

*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.

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.

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.

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.

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.

• 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.

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.

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 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.

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.

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.

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.

*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.

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

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.

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.

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.

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.

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.

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 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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If you are a surgeon needing medical malpractice insurance in Michigan, SURGPLI will work for you as your only trusted broker. Our brokers have deep knowledge of Michigan’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.

SURGPLI advises all surgeons – particularly those in high-risk specialties – to have liability coverage, despite Michigan law not requiring it. One reason is that Michigan has no cap on economic damages in malpractice cases. An independent SURGPLI broker will work with you to ensure that you have strong medical malpractice coverage to protect against loss of personal assets and risk to your surgical practice in the event of a lawsuit.

Historically, Michigan physicians have carried limits of $200,000 per occurrence /$600,000 aggregate, but many are switching to $1 million per occurrence/$3 million aggregate. High-risk surgical specialties – such as bariatric surgery and OB/GYN – may need policies with higher liability limits.

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 Michigan locations to give you an idea of costs by high-risk specialty.

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

Some Michigan 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 Michigan surgeons, so contact us for a personalized quote based on your unique needs.

Get a quote.

Surgeons in Michigan 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 Michigan surgeons. Some of the top carriers include:

• MedPro Group
• The Doctors Company
• Coverys Group
• ProAssurance

• Michigan Professional Insurance Exchange
• ISMIE Group
• Lone Star Alliance RRG (TMLT Group)
• 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.

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

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.

Michigan 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 Michigan was $66,837,750 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; 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.

Notable tort reforms in Michigan include:

• In 1986, Michigan passed its first major tort reform. This legislation required that lawsuits be filed in the county in which the malpractice occurred, mandated a higher standard of expert testimony, capped non-economic damages at $225,000, and addressed issues around joint-and-several liability.
• In 1993, continuing tort reform increased the cap on non-economic damages to $280,000, increased standards for expert testimony even further, required that all medical malpractice plaintiffs to file an affidavit of merit, and “permitted binding arbitration for medical malpractice cases that involved damages not in excess of $75,000”.
• The state has adjusted its cap on noneconomic damages periodically due to inflation. As of January 2021, the “upper cap” was set at $851,000 and the “lower cap” at $476,600.

There are no caps on economic damages in Michigan.

• In 2021, the state announced that the “upper cap” for non-economic damages was adjusted to a limitation of $851,000 and the “lower cap” was adjusted to a limitation of $476,600.
• If the medical malpractice resulted in at least one of the following, the upper cap applies:
• The plaintiff is hemiplegic, paraplegic, or quadriplegic resulting in total permanent functional loss of one or more limbs caused by an injury to the brain and/or spinal cord;
• The plaintiff has permanently impaired cognitive capacity rendering him or her incapable of making independent, reasonable life decisions and permanently incapable of independently performing the activities of normal, daily living; or
• The plaintiff has suffered permanent loss of or damage to a reproductive organ resulting in the inability to procreate.
• If none of the above criteria are met, then the lower cap applies to the medical malpractice claim.

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

• The standard deadline set by Michigan gives an individual two years from the date on which the alleged medical error was committed to file a lawsuit.
• If the injury is not discovered within the two-year deadline, the claim must be filed within six months of the discovery (or when it should have been discovered).
• The state’s “statute of repose” requires that a claim be filed no more than six years after the date on which the underlying malpractice was committed, regardless of when the existence of the claim was discovered.
• The “statute of repose” does not apply to cases of malpractice fraud or when “there has been permanent loss of or damage to a reproductive organ resulting in the inability to procreate”.
• Specific guidelines exist for minors who have suffered an injury based on the type of injury and the age of the child.
• Michigan’s Wrongful Death Act doesn’t specify an amount of time in which a wrongful death claim must be made. “Rather, any action filed under the Wrongful Death Act ‘borrows’ the statute of limitations that applies to the underlying cause of action”.

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.

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

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.