Texas Surgeons Medical Malpractice Insurance Buying Guide 2024

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

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

Texas ranked second among the top 10 U.S. states with the most medical malpractice claims in 2022, according to the National Practitioner Data Bank (U.S. Health & Human Services). That’s only one reason why surgeons in Texas need robust medical malpractice coverage.

Requirements: does not legally require surgeons in private practice, and physicians in general, to carry medical malpractice insurance in order to work.

Payout Total: The total medical malpractice payout in Texas for 2022 was $95,130,100.

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

Each carrier uses its own proprietary methods of setting rates, which vary among carriers and specialties. Carriers typically look at the practice location, surgical specialty, and past claims history. In Texas, the areas that carry the highest rates are: Houston (Harris County), El Paso (El Paso County), Brownsville (Cameron County), McAllen (Hidalgo County), Laredo (Webb), and other locations with a higher claims frequency or severity.

Each malpractice insurance policy is underwritten individually, but the following are approximate rates across all areas of Texas to give you an idea of costs by high-risk specialty.

*Estimates based on approximate rates across all Texas territories for limits of $200,000 Each Claim/$600,000 Aggregate – the minimum limits of liability for most medical facilities in Texas.

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

Obtaining medical malpractice insurance from carriers rated “A” by A.M. Best is always recommended. These companies are A-rated because of their long-term financial solvency and a history of providing robust financial and legal support for Texas surgeons.

Some of the top carriers include:

• The Doctors Company
• Medical Protective (MedPro)
• MagMutual
• TMLT

• Norcal Mutual Insurance Company (part of ProAssurance)
• ProAssurance
• Coverys
• ISMIE

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

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California Medical Malpractice Insurance

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

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

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

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

Despite Texas tort reforms resulting in relatively low minimum liability limits compared to other states, surgeons practicing in the following high-risk specialties rank among the most often sued for malpractice – neurosurgery, bariatric surgery, orthopedic surgery, OB/GYN, plastic surgery, and general surgery. Here are some of the most common iatrogenic patient injuries that trigger medical malpractice lawsuits against surgeons practicing in high-risk specialties in Texas:

Neurosurgery – Claims relating to laminectomy surgeries, with the most common allegations: being denied treatment, procedural errors, and inadequate management of post-laminectomy syndrome.

Bariatric Surgery – Long-term discomfort or injury due to unrelenting pain, nausea, vomiting, and diarrhea due to leakage of bowel fluids, strictures, or removing too much of the digestive tract; chronic malnutrition.

Orthopedic Surgery – Complications involving internal and orthopedic prosthetic devices, implants, and grafts.

OB/GYN Surgery – Profound brain injuries at birth; misdiagnosis or delayed diagnosis of fetal distress.

Plastic Surgery – Improper performance of surgery and patient dissatisfaction with the outcome (scarring, nerve damage, death); improper management of post-operative complications and infections.

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

In 2003, Texas passed significant tort reform for medical malpractice lawsuits. Among other things, the reform put a cap on damages for pain and suffering. Plaintiffs can now only collect a maximum of $250,000 in damages for pain and suffering from individual doctors (they can collect a maximum of another $250,000 from each healthcare facility involved in the injury).

The effect of tort reform in Texas has been an influx of doctors from all specialties, as well as lower insurance premiums.

• Non-economic damage caps for medical malpractice lawsuits in Texas are set at $250,000 for individual healthcare providers and $250,000 for each medical facility involved in their injury.
• There is an overall cap of $500,000 per plaintiff when it concerns how much they can collect from the total amount of medical facilities they sue.
• There is no limit on the amount of compensation a plaintiff can recover for economic damages in Texas. Economic damages can include:
• – Medical costs for surgeries, physicians’ appointments, prescription medications and medical equipment
• – Lost wages due to the injury
• – Lost earning capacity if the injury is permanently debilitating or makes it impossible for the plaintiff to continue working

• Typical negligence and injuries carry a 2-year statute of limitations. This starts the date the harm was discovered or could reasonably have been discovered.
• If the injury occurred as part of a continuing course of healthcare treatment, the two years does not start running until the treatment is concluded.
• Lawsuits filed on behalf of children under 12 years old must be filed by their 14th birthday.
• Given various court rulings, there is some confusion over the true statute of limitations for minors. It is generally believed that the 2-year statute of limitation for minors will not begin to run until they legally become an adult (18-years-old).
• Texas’ statute of repose mandates that patients must file a lawsuit for medical errors within 10 years; if no lawsuit is filed before the 10 years runs out, they can no longer bring a claim.

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

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

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

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