Orthopedic Surgeons

What Surgeons Need to Know About Medical Malpractice and AI

2024-12-23T18:47:08+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 AI2024-12-23T18:47:08+00:00

Ohio Surgeons 2024 Buying Guide to Medical Malpractice Insurance

2024-12-23T18:47:43+00:00

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Medical Malpractice Insurance

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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.

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Ohio Surgeons 2024 Buying Guide to Medical Malpractice Insurance2024-12-23T18:47:43+00:00

Illinois Orthopedic Surgeons Guide to Medical Malpractice Insurance

2024-12-23T18:56:29+00:00

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Medical Malpractice Insurance

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Illinois Orthopedic Surgeons Guide to Medical Malpractice Insurance

If you are an Illinois orthopedic surgeon in private practice, or planning to open a new practice in Illinois, use this guide prepared by independent SURGPLI insurance brokers to give you a concise overview of medical malpractice insurance. Then contact a SURGPLI insurance broker to discuss your coverage needs and get a quote.

Illinois Orthopedic Surgeons Need Robust Malpractice Coverage

Illinois is recognized as a destination for innovative orthopedic surgery. For example, Rush University Medical Center in Chicago was ranked #8 in the nation for high-performing orthopedic surgical care on the 2023-2024 “Best Hospitals Honor Roll” by U.S. News and World Report. Illinois orthopedic surgeons specializing in foot and ankle procedures, sports medicine, and orthopedic trauma surgery, in particular, are in constant demand to meet increasing patient volumes throughout the state.

However, Illinois is also among the top 10 most litigious U.S. states for medical malpractice. The National Practitioner Data Bank reports that more than 1,500 medical malpractice claims were filed in Illinois in 2022. That’s why Illinois orthopedic surgeons need robust and affordable medical malpractice coverage.

As your only trusted broker, SURGPLI will help you find the right coverage at the best rate in Illinois.

Medical Malpractice Insurance Requirements for Illinois Orthopedic Surgeons

Illinois law does not require orthopedic surgeons to carry medical malpractice insurance to practice in the state. The standard limits of liability in Illinois are $1,000,000 Each Claim / $3,000,000 Aggregate per year in coverage.

SURGPLI strongly recommends securing coverage from an A-rated carrier as the most cost-effective way to protect against devastating financial loss if you are sued for malpractice in Illinois. As an independent broker, we specialize in medical malpractice insurance for orthopedic surgeons. We work for you to find the best policy at a great price.

Cost of Medical Malpractice Insurance for Illinois Orthopedic Surgeons

Each insurance carrier uses its own proprietary methods of setting the cost of medical malpractice insurance. Carriers consider factors such as practice location, surgical specialty, and past claims history.

In Illinois, the areas that typically carry the highest rates are: Chicago (Cook County); Madison and St. Clair Counties (Metro East Illinois counties adjacent to the Greater St. Louis, MO, area).

The following are approximate medical malpractice insurance premium rates for orthopedic surgeons across all Illinois areas:

Specialty Approximate Claims Made Rate Approximate Tail Rate Approximate Occurrence Rate
Orthopedic surgery $100,000 $200,000 $125,000

*Using the IL standard limits of $1,000,000 Each Claim / $3,000,000 Aggregate per year in coverage. These rates are estimates only and can vary widely depending on the location and the claims history of each physician.

Types of Professional Liability Insurance for Illinois Orthopedic Surgeons

Here is an brief overview of the most common types of medical malpractice insurance in Illinois:

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

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 for orthopedic surgeons.

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

Let a SURGPLI Broker Help You Choose the Best Policy for Your Practice

Every medical specialist’s situation is unique, so we recommend a conversation with a SURGPLI insurance broker to discuss the unique needs of your Illinois practice. Your SURGPLI broker will explain the benefits and limitations of each type of medical malpractice insurance to ensure you get the right type and amount of coverage for your orthopedic surgery specialty at the best rate.

Get Quotes from A-rated Carriers Serving Illinois Orthopedic Surgery

SURGPLI insurance brokers will obtain quotes from medical malpractice insurance from carriers rated “A” by A.M. Best for their long-term financial solvency and robust legal support of policyholders. Some of the top carriers include:

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

Why Orthopedic Surgeons Are Classified as High Risk by Medical Malpractice Insurance Companies

Medical malpractice insurance underwriters classify orthopedic surgery as a high-risk specialty because surgical errors or post-surgical complications could be devastating to the patient’s mobility, physical well-being, and quality of life. These include high-risk surgeries for total knee and hip replacement, spinal fusion and laminectomy, and procedures on the hand and foot.

Top Reasons Why Illinois Orthopedic Surgeons Are Sued

A review of malpractice claims by The Doctors Company, an “A” rated medical malpractice insurance carrier, found that the top three major orthopedic surgical injuries were related to “an aggravated or worsened preoperative condition”, including increased pain, decreased mobility, nerve damage, and postoperative pain. Other potential orthopedic errors that most often trigger malpractice litigation include:

  • Surgical site infections causing post-operative complications
  • Extensive bleeding in spinal procedures
  • Major blood vessel injury
  • Deep vein thrombosis and pulmonary embolism post-operative

In addition, some of the most often cited allegations in Illinois orthopedic surgery medical malpractice cases include:

  • Failure to diagnose fractures
  • Improper treatment of fractures
  • Failure to diagnose nerve impingement
  • Operating on the wrong body part
  • Improper placement of a replacement bone

Orthopedic surgeons can reduce their risk of a malpractice lawsuit by implementing a comprehensive risk management strategy.

Illinois’ Medical Malpractice Insurance Legislation

Consulting with a SURGPLI insurance broker who understands the complexities of Illinois’ medical malpractice laws will ensure that your orthopedic surgery practice is protected with the right amount of coverage.

Illinois’ Damage Caps on Medical Malpractice Lawsuits

Illinois currently has no limit on compensation for economic and non-economic patient injuries as a result of medical malpractice. However, Illinois does not allow rewards for punitive damages in medical malpractice lawsuits.

Illinois’ Statute of Limitations for Medical Malpractice Claims

According to state law, conditions for filing a medical malpractice lawsuit in Illinois are:

  • Within two (2) years from the date the patient knew or should have known of the injury
  • Illinois law prohibits patients from bringing a lawsuit more than four (4) years after the medically negligent act occurred
  • There is a special statute of limitations for patients who are minors at the time the medical malpractice occurred. Anyone under the age of 18 has up to eight (8) years to file a lawsuit, as long as the suit is filed before the patient turns 22.

Orthopedic Surgery Medical Malpractice Outcomes in Illinois

With no cap on economic damages and non-economic damages, orthopedic surgeons in Illinois are more vulnerable to personal financial loss if they do not have robust medical malpractice insurance. The total medical malpractice payout in Illinois was $148,628,000 in 2022. The following examples of Illinois medical malpractice lawsuits found in favor of the plaintiff or settled show the critical need for orthopedic surgeons to have strong liability coverage:

$1.1 Million Settlement
An orthopedic surgeon was sued for alleged surgical negligence after the 57-year-old patient was left with unequal leg lengths after hip replacement surgery.

Jury Awards $820,000
The plaintiff brought suit alleging negligent nerve injury to the right hand during surgery for carpal tunnel release.

How SURGPLI Brokers Help Orthopedic surgeons Save Time and Money on Medical Malpractice Insurance

Working with SURGPLI as your trusted broker takes the guesswork and effort out of trying to get the right coverage at the best rate on your own. We help you save time and money by:

  • Researching all of your best coverage, rate, and “A” rated carrier options that specifically meet the requirements of your specialty and practice location in Illinois
  • Asking about any policy discounts offered for a new practice, medical association members, or physicians with no previous claims, for example. Some of our carrier partners offer discounts for risk management and provide CMEs.
  • Researching flexible payment options offered by carriers to best fit the budget for your practice.
  • Reviewing and consulting with you on all quotes, payment options, and possible discounts to help you make the best choice of coverage and rate for your needs.

Have Questions? Need a Quote? Ask a SURGPLI Insurance Broker Now.

SURGPLI insurance brokers are ready to help you navigate the complexities of California’s MICRA medical malpractice tort reforms and secure the right amount of coverage for your orthopedic surgery practice. From submitting your application, obtaining the best rates for new policies and renewals from “A” rated carriers, and more, SURGPLI is the only medical malpractice insurance broker you’ll need.

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

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 CA MEDICAL MALPRACTICE INSURANCE quote

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Illinois Orthopedic Surgeons Guide to Medical Malpractice Insurance2024-12-23T18:56:29+00:00

California Orthopedic Surgeons Guide to Medical Malpractice Insurance

2024-12-23T18:56:56+00:00

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Medical Malpractice Insurance

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California Orthopedic Surgeons Guide to Medical Malpractice Insurance

If you are a California orthopedic surgeon in private practice, or planning to open a new practice in California, use this guide prepared by independent SURGPLI insurance brokers to give you a concise overview of medical malpractice insurance. Then contact a SURGPLI insurance broker to discuss your coverage needs and get a quote.

California is a Destination for Orthopedic Surgery

California has the largest number of orthopedic surgeons in the U.S., according to 2023 data from the U.S. Bureau of Labor Statistics. Also, six California healthcare systems were named as “best for orthopedics” among the 65 recipients of the 2023 Choice Awards by Medscape and WebMD.

While California is a destination for orthopedic surgery, it is also a highly litigious state with approximately 16.9 medical malpractice lawsuits brought for every 100,000 residents (Source: National Practitioner Data Bank). That’s why California orthopedic surgeons need robust medical malpractice insurance.

As your only trusted broker, SURGPLI will help you find the right coverage at the best rate in California.

Medical Malpractice Insurance Requirements for California Orthopedic Surgeons

California orthopedic surgeons are not legally required to carry medical malpractice insurance. However, many California hospitals and health centers require physicians and surgeons to carry medical malpractice insurance if they want admitting privileges. The standard limits of liability in California are $1,000,000 Each Claim / $3,000,000 Aggregate per year in coverage.

SURGPLI strongly recommends securing coverage from an A-rated carrier as the most cost-effective way to protect against devastating financial loss if you are sued for malpractice in California. As an independent broker, we specialize in medical malpractice insurance for orthopedic surgeons. We can help you find the best coverage at a great price.

Cost of Medical Malpractice Insurance for California Orthopedic Surgeons

Each insurance carrier uses its own proprietary methods of setting the cost of medical malpractice insurance for orthopedic surgeons. Carriers consider factors such as practice location, surgical specialty, and past claims history.

The following are approximate medical malpractice insurance premium rates for orthopedic surgeons across all California areas:

Specialty Approximate Claims Made Rate Approximate Tail Rate Approximate Occurrence Rate
Orthopedic surgery $40,000 $80,000 $50,000

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

Get Quotes from A-rated Carriers Serving California Orthopedic Surgeons

SURGPLI insurance brokers will obtain quotes from medical malpractice insurance from carriers rated “A” by A.M. Best for their long-term financial solvency and robust legal support of policyholders. Some of the top carriers include:

  • The Doctors Company
  • Medical Protective
  • Coverys Group
  • Lone Star Alliance RRG
  • CAP MPT
  • MIEC
  • NORCAL Group (A Part of ProAssurance)

Types of Professional Liability Insurance for California Orthopedic Surgeons

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

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

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 for orthopedic surgeons.

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

Top Reasons Why California Orthopedic Surgeons Are Sued

A review of malpractice claims by The Doctors Company, an “A” rated medical malpractice insurance carrier, found that the top three major orthopedic surgical injuries were related to “an aggravated or worsened preoperative condition”, including increased pain, decreased mobility, nerve damage, and postoperative pain. Other potential orthopedic errors that most often trigger malpractice litigation include:

  • Surgical site infections causing post-operative complications
  • Extensive bleeding in spinal procedures
  • Major blood vessel injury
  • Deep vein thrombosis and pulmonary embolism post-operative

In addition, some of the most often cited allegations in California orthopedic surgery medical malpractice cases include:

  • Misdiagnosis of ACL tear
  • Delayed diagnosis of Achilles tendon rupture
  • Failure to recognize and/or treat post-surgical infections
  • Surgical injuries leading to permanent disability
  • Implant failure leading to infection

Orthopedic surgeons can reduce their risk of a malpractice lawsuit by implementing a comprehensive risk management strategy.

Consulting with a SURGPLI insurance broker who understands the complexities of California’s medical malpractice laws will ensure that your orthopedic surgery practice is protected with the right amount of coverage.

California’s Damage Caps on Medical Malpractice Lawsuits

The 2023 passing of Assembly Bill 35 (AB35) modified California’s Medical Injury Compensation Reform Act (MICRA) and mandated the state’s first cap adjustments for non-economic medical malpractice damages since 1975:

  • As of January 1, 2023, AB35 raised the previous limit of $250,000 on non-economic damages for non-death cases to $350,000. Incremental increases over the next 10 years will raise the cap to $750,000, followed by a 2% annual adjustment for inflation in subsequent years.
  • The limit for malpractice cases involving wrongful deaths has increased to $500,000 and will rise incrementally to $1 million over the next 10 years. The subsequent 2% annual adjustment for inflation will also apply.
  • Additional mandates in AB35 now allow patients to sue and collect compensation for economic damages from three separate sources – doctors, hospitals, and “separate, unaffiliated” providers such as specialty surgeons in private practice.

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

California’s Statute of Limitations for Medical Malpractice Claims

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

  • A medical malpractice lawsuit must be filed within three years after the date of injury or one year after the injury is discovered (or should have been discovered), whichever occurs first
  • There is no filing deadline for cases where a foreign object was left in the patient
  • Exceptions to the deadline (for both minors and adults) can be made when the health care provider intentionally acts to defraud the patient or hide a mistake
  • Claims filed by or on or behalf of minors under the age of six must be filed “within three years of the occurrence of the malpractice, or prior to the child’s eighth birthday, whichever timeline provides a larger filing window”
  • Claims filed by or on or behalf of minors over the age of six must be filed within three years of the date of malpractice

Orthopedic Surgery Medical Malpractice Outcomes in California

With no cap on economic damages, and incremental increases of the cap on non-economic damages over the next 10 years, orthopedic surgeons in California are more vulnerable to personal financial loss if they do not have robust medical malpractice coverage. The total medical malpractice payout in California was $184,773,750 in 2022. The following examples of California medical malpractice lawsuits found in favor of the plaintiff, or paid as a settlement, show the critical need for orthopedic surgeons to have strong liability coverage:

Jury Awards $1.2 Million
The jury found that the surgeon was negligent in performing ACL surgery, which resulted in the patient needing vascular surgery for an aneurysm that cut off blood circulation to the leg and foot. The patient required three additional vascular surgeries.

Jury Awards $532,521
The plaintiff suffered the amputation of the left leg above the knee as a result of the surgeon’s misdiagnosis of a post-surgical infection, which led to necrotizing fasciitis.

How SURGPLI Brokers Help Orthopedic surgeons Save Time and Money on Medical Malpractice Insurance

Working with SURGPLI as your trusted broker takes the guesswork and effort out of trying to get the right coverage at the best rate on your own. We help you save time and money by:

  • Researching your best coverage, rate, and “A” rated carrier options that specifically meet the requirements of your specialty and practice location in California.
  • You fill out one application and we provide multiple quotes.
  • Asking about any policy discounts offered for a new practice, medical association members, or physicians with no previous claims, for example.
  • Researching flexible payment options offered by carriers to best fit the budget for your practice.
  • Reviewing and consulting with you on quotes, payment options, and possible discounts to help you make the best choice of coverage and rate for your needs.

Have Questions? Need a Quote? Ask a SURGPLI Insurance Broker Now.

SURGPLI insurance brokers are ready to help you navigate the complexities of California’s MICRA medical malpractice tort reforms and secure the right amount of coverage for your orthopedic surgery practice. From submitting your application, obtaining the best rates for new policies and renewals from “A” rated carriers, and more, SURGPLI is the only medical malpractice insurance broker you’ll need.

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

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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California Orthopedic Surgeons Guide to Medical Malpractice Insurance2024-12-23T18:56:56+00:00

Orthopedic Surgeons Guide to Managing Malpractice Risk

2024-12-23T18:52:12+00:00

Orthopedic surgeons are at a higher risk of being named in a malpractice lawsuit than other specialists. By knowing the incidents that are most likely to trigger malpractice allegations, orthopedic surgeons can better understand the risks of their specialty and how to address them proactively.

Iatrogenic injuries increase an orthopedic surgeon’s malpractice risk

Orthopedic surgery can be life changing for persons with chronic joint pain and limited mobility. According to an iData Research report, orthopedic surgeons in the U.S. perform over 1 million total knee and hip replacements annually, plus an estimated 1.62 million spinal procedures and over 300,000 interbody fusions.

While every type of surgery carries the risk of complications, the frequency and complexity of these orthopedic procedures heighten the possibility of iatrogenic injuries to the patient — and increase the orthopedic surgeon’s exposure to medical malpractice litigation. This article takes a look at the surgical complications most often named in malpractice claims and discusses ways to potentially reduce the risks for patient and surgeon alike.

Understanding the risk for orthopedic malpractice suits

Orthopedic surgeons rank among the top 10 surgical specialties most likely to be sued for malpractice.

The nature of the high-risk surgeries on the spine, knees, hips, hands, and feet in particular place high expectations for achieving the best outcomes of pain relief and restoring mobility. Because these procedures affect the patient’s ability to stand, walk, and perform everyday tasks, interoperative and post-surgical complications can be devastating to the patient’s physical well-being and quality of life.

Ironically, the types of orthopedic surgeries that are sought out most often by patients suffering back pain or joint issues are among the most risky – total knee and hip replacement, spinal fusion and laminectomy, and procedures on the hand and foot.

Specific types of orthopedic issues or injuries presented by the patient, and the complexity of the surgeries to correct them, can make orthopedic surgeons potentially more vulnerable to being sued.

Common Injuries Associated with Orthopedic Surgery Malpractice Claims

  • Spinal stenosis

  • Herniated lumbar disk

  • Compression of nerves in the lower spine

  • Knee ligament damage or injury

  • Hip fracture

  • Achilles tendon rupture

  • Scaphoid fractures of the wrist

Top Orthopedic Errors That Trigger Medical Malpractice Claims

According to the Medscape Orthopedist Malpractice Report 2021, surgical complications and injuries were indicated by 54% of the respondents as the primary reason for a malpractice suit against them. Poor surgical outcomes were the second most common reason, with failure or delay in diagnosing as the third. Orthopedic conditions most commonly misdiagnosed include ACL tears, Achilles tendon ruptures, femoral neck stress fractures, and scaphoid fractures.

A survey of malpractice claims by The Doctors Company found that the top three major surgical injuries were related to “an aggravated or worsened preoperative condition”, including pain, mobility, nerve damage, and postoperative pain.

Other potential orthopedic errors that most often trigger malpractice litigation include:

Common Errors Associated with Orthopedic Malpractice Claims

  • Misinterpreting CT scans and other diagnostic scans

  • Performing surgery on the wrong body part

  • Implants inserted incorrectly

  • Failure of implant components

  • Postoperative implant or prosthesis infections

  • Increased risk of bleeding in spinal surgeries and total joint replacement

  • Neurovascular injury to nerves or blood vessels around the knee

  • Sciatic nerve injury in hip replacements

  • Failure to achieve pain relief

  • Deep vein thrombosis developing into pulmonary embolism in total hip and knee replacements and hip fracture procedures

  • Failure to identify surgical site infections and other post-surgical complications

How Orthopedic Surgeons Can Reduce the Risk of Malpractice and Improve Patient Outcomes

All surgeries carry some risk for the patient, and even the most experienced and skilled surgeons encounter unexpected surgical complications. Engaging an experienced medical malpractice insurance broker to find the right coverage for your surgical specialty and practice is the first step in mitigating your professional and personal financial risk.

The Medscape Orthopedist Malpractice Report 2021 indicated that monetary awards of $100,000 to $500,000 were paid in orthopedic malpractice cases that were either settled or found in the plaintiff’s favor at trial. Plaintiffs were awarded up to $2.37 million in cases in which orthopedic sports medicine surgeons were sued for interoperative error.

Based on malpractice claim studies by The Doctors Company, here are a few other ways that you can potentially reduce some of the risk factors and improve outcomes for your orthopedic patients – and reduce your own exposure to malpractice suits:

  • Create a “prescreening” protocol in which you focus on “modifiable risk factors” and set expectations for surgical outcomes with the patient and family members. Talk to patients to confirm that they understand the risks and give informed consent. Overall, build a trusted relationship with each patient, and foster timely and responsive communication between the patient and your practice.

  • Keep meticulous records of every patient encounter, pre- and post-surgery. Document all treatments, procedures, and outcomes in the patient’s medical record precisely and in a timely manner. If you are sued for malpractice, lawyers will want to review all of the medical records pertaining to the claim. It’s to your advantage to have them well-documented and complete.

Need Medical Malpractice Insurance for Your Orthopedic Surgery Practice? SURGPLI can Help.

At SURGPLI, our experienced insurance brokers understand the robust coverage requirements of malpractice insurance for orthopedic surgeons. Let us help you choose the right policy for your needs from AM Best “A” rated carriers. Get a fast quote 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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Contact us for a quote on ORTHOPEDIC SURGEON medical malpractice insurance

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Orthopedic Surgeons Guide to Managing Malpractice Risk2024-12-23T18:52:12+00:00

SURGPLI is a division of MEDPLI, an independent insurance brokerage that makes medical malpractice insurance simple for doctors. SURGPLI helps doctors with surgical specialties find the best medical malpractice insurance that fits their needs and their budget.

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