Malpractice Payouts for Florida OBGYNs Are High

Florida OB/GYN specialists serve a diverse patient population, from women in their childbearing years to senior women who seek management of menopause symptoms and related gynecological care. The demand for women’s healthcare continues to climb nationwide, and particularly in Florida.

At the same time, Florida is among the top three U.S. states with the most medical malpractice payouts on record, totaling nearly $1.92 billion over the last 5 years, according to statistics from the National Practitioner Data Bank.

That’s why Florida OB/GYN specialists need robust medical malpractice insurance.

MEDPLI will help you find the right coverage at the best rate in Florida.

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

Medical Malpractice Insurance Dos and Don’ts for Florida OB/GYNs

DON’T Regret not having medical malpractice insurance. While Florida does not legally require OB/GYN specialists or physicians in general to carry medical malpractice insurance, you don’t want to be caught without it. 

DO Follow the requirements set by the Florida Board of Medicine to establish financial responsibility in one of the following ways:

DON’T Do the minimum when you can protect yourself with medical malpractice insurance. The standard limits of liability in Florida are $250,000 Each Claim / $750,000 Aggregate per year in coverage.

DO Secure coverage with the help of MEDPLI, an independent broker, to help you choose an A-rated carrier of medical malpractice insurance for OB/GYNs.

Types of Professional Liability Insurance for Florida OB/GYNs

Here is an brief overview of the most common types of medical malpractice insurance for OB/GYNs in Florida:

1. Claims Made Insurance

  • If the policy is in effect both when the incident took place and when the claim is filed, claims-made malpractice insurance coverage is provided
  • If a claim is filed after the policy end date, it is not covered
  • A claims-made policy requires tail malpractice insurance, a separately purchased policy or endorsement, to ensure full protection

2. Occurrence Insurance

  • Occurrence malpractice insurance covers incidents from the policy year, no matter when the claim is reported
  • Costs more upfront, but the rate holds steady for the life of the policy
  • No tail coverage needed when the policy ends

3. Tail Insurance

  • Without tail coverage, you’re exposed if a former patient files a claim after you leave, since most policies are claims-made
  • Seek tail coverage through an independent broker like MEDPLI before you leave your employer
  • A new employer’s policy won’t cover prior acts, so tail coverage fills that gap

Reach out to an experienced MEDPLI insurance broker who will do all of the work for you to find a tail policy at a great price.

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

Every medical specialist’s situation is unique, so we recommend a conversation with a MEDPLI insurance broker to discuss the unique needs of your Florida OB/GYN practice.

Get Quotes from A-rated Carriers Serving Florida OB/GYNs

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

  • The Doctors Company

  • MedPro Group

  • MagMutual

  • Coverys Group

  • ISMIE

Top Reasons Why Florida OB/GYNs Are Sued

Delay in treating fetal distress was the major allegation in the highest proportion of OB/GYN medical malpractice cases found in favor of the plaintiff, according to a review of claims data by “A” rated malpractice insurance carrier MedPro Group. Additional major allegations and contributing factors to claims included:

  • Improper management of pregnancy
  • Improper performance of vaginal delivery
  • Delay in delivery (induction/surgical)
  • Improper performance of operative delivery
  • Improperly managed labor
  • Improper choice of delivery method
  • Improper management of post-partum patient

In addition to untreated complications leading to maternal or infant death, some of the most often cited allegations in Florida OB/GYN medical malpractice cases include:

  • Delay in recognizing and treating fetal distress
  • Cesarean section delay resulting in birth injuries
  • Undiagnosed gestational diabetes
  • Misdiagnosed ovarian, cervical, and uterine cancers

Florida’s Medical Malpractice Insurance Legislation

Consulting with a MEDPLI insurance broker who understands the complexities of Florida’s medical malpractice laws will ensure that your OB/GYN practice is protected with the right amount of coverage.

Florida’s Damage Caps on Medical Malpractice Lawsuits

  • No cap on non-economic damages in Florida medical malpractice lawsuits
  • No limit on compensation for past and future economic damages
  • Covers medical care necessitated by the malpractice, lost income, and lost future earning capacity
  • Includes any other measurable economic losses attributable to the defendant’s malpractice

Florida’s Statute of Limitations for Medical Malpractice Claims

  • Two years from the date the harm was discovered or reasonably should have been discovered
  • Four-year statute of repose as an absolute cutoff, regardless of discovery date
  • Seven years in cases involving fraud, concealment, or intentional misrepresentation
  • For minors, a claim may be filed up until the child’s eighth birthday

OB/GYN Medical Malpractice Outcomes in Florida

With no caps on economic and non-economic damages in Florida, OB/GYNs are more vulnerable to personal financial loss if they do not have robust medical malpractice coverage.

In 2025, the total medical malpractice payout in Florida was $459,496,300.

The following examples of Florida medical malpractice lawsuits found in favor of the plaintiff, or paid as a settlement, show the critical need for OB/GYNs to have strong liability coverage:

Jury Awards $38 Million

The plaintiffs alleged that the obstetrician failed to screen and diagnose retinopathy of prematurity in twin infants born prematurely. As a result, the infants became blind.

$4.8 Million Settlement

An infant was born with an acute hypoxic-ischemic injury that resulted in cerebral palsy and brain damage. The lawsuit alleged that the obstetrician and nursing staff did not recognize and respond to fetal distress.

How MEDPLI Brokers Help OB/GYNs Save Time and Money on Medical Malpractice Insurance

Even the best and most innovative OB/GYNs in Florida need protection from medical malpractice lawsuits. Working with MEDPLI as your trusted broker takes the guesswork and effort out of finding the right coverage at the best rate on your own. We help you save time and money by:

  • Researching top A-rated carriers that fit your specialty and Florida practice
  • One application, multiple quotes
  • Checking for discounts (new practice, association members, no prior claims, risk management, CMEs)
  • Researching flexible payment options to fit your budget
  • Reviewing all quotes and options with you to find the best fit

MEDPLI insurance brokers are ready to help you navigate the complexities of Florida’s malpractice laws and secure the right amount of coverage for your Florida practice. Reach out today.

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About the Author

Max Schloemann is a medical malpractice insurance broker helping physicians and surgeons secure Medical Professional Liability coverage. A Magna Cum Laude graduate of Southern Illinois University’s College of Business, he was named Outstanding Management Senior.

Max began his career in 2008 at an industry-leading firm and founded MEDPLI in 2017 to guide private practice doctors and physicians in transition through the complexities of malpractice insurance.

Outside of work, Max, his wife Kristen (a Physician Assistant), and their four kids enjoy the outdoors and attending the kids’ sporting events. Contact Max for malpractice insurance questions.

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