Texas OB/GYN Surgeons Guide to Medical Malpractice Insurance

This medical malpractice insurance guide outlines what Texas OB/GYN surgeons need to know, including key state laws, average premium costs, and specialty-specific liability risks. SURPLI brokers help Texas OB/GYNs secure the right coverage at the most competitive rates. Connect with a SURGPLI broker to review your options and get a quote.

You Focus on Patient Care. We’ll Handle Your Coverage.

OB/GYN is one of the highest-risk specialties. Nearly 80% experience at least one lawsuit during their careers.

Top 3 Most Common Causes of Lawsuits Include:

1. Birth and delivery complications
2. Gynecological surgery complications
3. Missed diagnoses or delayed treatment

Over 40% of OB/GYNs reported at least one claim during training.
– National Library of Medicine

Because of increased exposure to lawsuits, Texas OB/GYN surgeons pay higher malpractice premiums than most other specialists.

A strong risk management strategy is essential. SURGPLI brokers provide the most critical pieces: comprehensive medical malpractice coverage tailored to your specialty.

While Texas law doesn’t require malpractice insurance, most healthcare facilities and surgical centers do, typically with standard limits of $1,000,000 per claim and $3,000,000 aggregate per year.

The Risk of Going Uninsured

Without comprehensive coverage, you’re exposed to devastating financial loss if sued.

SURGPLI recommends choosing an A-rated carrier to avoid:

• Unexpected policy cancellation
• Gaps in protection
• Financial instability

Premiums for Texas OB/GYN surgeons are among the highest in the state, varying based on location, surgical specialty, and claims history.

*Using the TX 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.  Quotes require a completed application and underwriter approval.

OB/GYNs in Texas can choose from these two primary types of medical malpractice coverage:

1. Claims-Made Insurance

Claims-made malpractice insurance provides coverage if the policy is in effect when the incident occurs and when the claim is filed. If a claim is filed after the policy date has ended, the claim is not covered.

• If a claims-made policy ends – due to retirement, job change, or otherwise – you must purchase tail insurance to stay protected against future claims for past incidents. Tail coverage is purchased separately and typically requires a one-time cash payment of about 200% of the claims-made policy’s yearly premium.
• Instead of tail coverage, you can opt to purchase nose coverage, or prior acts coverage, through your new carrier. This protects claims for incidents that occurred before the new coverage date, dating back to a specified date.
• Claims-made policies are typically more affordable upfront, but rates increase annually.

2. Occurrence Insurance

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

• Occurrence policies are more costly at the start of the policy, but the rate remains the same for the policy’s duration, and there is no need for tail coverage when the policy ends.

Don’t Let Insufficient Coverage Leave You Exposed

Every OB/GYN’s risk profile is different. SURGPLI helps Texas physicians secure the right coverage at the most competitive rate, without the guesswork.

• Non-economic damages (e.g., pain and suffering) are capped at $250,000 per claimant.

• Economic damages (like lost wages or medical bills) have no cap.

Texas Code Title 4, Chapter 74 states that claimants must file a medical malpractice lawsuit:

• Within 2 years from the date the malpractice occurred.
• For ongoing treatment, within 2 years from the date the treatment concluded.
  
• Minors under age 12 have until their 14th birthday to file a claim.
• However, no claim may be filed more than 10 years after the date of the alleged act or omission, even for minors or those under a legal disability.

Strict abortion laws in Texas increase liability risks for OB/GYNs, potentially causing higher premiums or limited coverage. Providers may need to consider higher policy limits or policy add-ons to ensure adequate coverage.

SURGPLI defends surgeons in high-stakes situations by ensuring your policy provides the protection you need, when you need it most.

SURGPLI brokers:

• Compare coverage, rates, and A-rated carriers that understand the specific risks Texas OB/GYNs face.

• Find applicable discounts, including those for new practices, medical association members, and surgeons with no previous claims. Some of our carrier partners also offer risk management incentives and CME credits.

• Evaluate flexible payment plans to match your practice’s cash flow and budget needs.

Consult with you on all quotes and options, so you can find the best coverage and rate for your needs.