Over 30% of U.S. physicians have faced a malpractice claim at some point in their careers, underscoring the importance of robust, reliable coverage. MEDPLI stands as an advocate for doctors, never settling for less than the medical malpractice trifecta:
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Delaware doctors face increasing liability risks and rising insurance costs in 2026. Use this resource to compare carriers, understand your risk, and secure the right protection for your practice.
Table of Contents
What is the Cost of Medical Liability and Malpractice Insurance in Delaware?
What is the Cost of Medical Liability and Malpractice Insurance in Alaska?
These rate estimates are for informational purposes only and are based on the Delaware standard limits of $1,000,000 per claim and $3,000,000 aggregate per year.
Quotes require a completed application and underwriter approval. Contact us for a custom estimate if you don’t see your specialty.
Average Cost of Medical Malpractice Insurance
by Specialty in Delaware
(2026 data, $1M/3M coverage)
| Specialty | 2026 Annual Premium |
2026 Tail Premium |
|---|---|---|
| Anesthesiology | $21,420 | $42,840 |
| Cardiovascular Disease– Minor Surgery | $21,420 | $42,840 |
| Dermatology– No Surgery | $11,220 | $22,440 |
| Emergency Medicine | $32,640 | $65,280 |
| Family Practice– No Surgery | $14,280 | $28,560 |
| Gastroenterology– No Surgery | $17,340 | $34,680 |
| General Practice– No Surgery | $14,280 | $28,560 |
| General Surgery | $49,980 | $99,960 |
| Internal Medicine– No Surgery | $14,280 | $28,560 |
| Neurology– No Surgery | $18,360 | $36,720 |
| Obstetrics and Gynecology– Major Surgery | $79,560 | $159,120 |
| Occupational Medicine | $8,160 | $16,320 |
| Ophthalmology– No Surgery | $11,220 | $22,440 |
| Orthopedic Surgery– No Spine | $48,960 | $97,920 |
| Pathology– No Surgery | $10,200 | $20,400 |
| Pediatrics– No Surgery | $14,280 | $28,560 |
| Pulmonary Disease– No Surgery | $19,380 | $38,760 |
| Psychiatry | $11,220 | $22,440 |
| Radiology – Diagnostic | $22,440 | $44,880 |
Average Medical Malpractice Payouts
in Washington, DC From 2019-2025
Average Medical Malpractice Payouts in Delaware From 2015-2025
In 2025, Delaware physicians were held liable for 27 medical malpractice payouts.
- Average Payout: $598,611
- Total Payout: $16,162,500
(Source: National Practitioner Data Bank)
Professional Liability Insurance Options for Delaware Physicians
Doctors in Delaware can choose between these two primary types of medical malpractice insurance:
- Provides coverage for incidents that occurred during the policy period, IF the claim is filed while the policy is still active. If a claim is filed after the policy ends, that claim is NOT covered.
- Typically, it offers lower premiums at the start of the policy, but rates increase yearly as the policy matures.
- Physicians must obtain tail insurance coverage when a claims-made policy ends to ensure protection against future claims related to incidents that occurred during the policy period. Tail insurance premiums require a one-time cash payment equal to approximately 200% of the claims-made policy’s annual premium.
- Provides coverage for incidents that occurred during the policy period, regardless of when a claim is reported to the carrier.
- Typically, it offers more costly premiums at the start of the policy, but the rate stays constant throughout the policy’s duration.
- Physicians do not need tail coverage when an occurrence policy ends.
Rising Home Insurance Rates: The Hidden Impact on Medical Malpractice Costs
When coastal storms, flooding, and other severe weather events hit, the damage isn’t just physical – it drives up insurance costs nationwide. As extreme weather events become more frequent, insurers raise rates to cover growing risks. And the impact goes beyond homeowners insurance – businesses, including medical professionals, also feel the squeeze.
Why Are Insurance Rates Rising?
What Affects Medical Malpractice Insurance Costs in Delaware?
Reinsurance providers now charge higher premiums and impose stricter payout conditions. In response, primary insurers, including those offering medical malpractice coverage nationwide, have increased premiums.
While homeowners insurance premiums and malpractice premiums are increasing at a slower rate in Delaware than nationwide, Delaware is not immune to the impact of climate change, and physicians should prepare for additional premium increases as extreme weather events become more frequent.
Severe weather isn’t just a coastal problem—it’s reshaping insurance costs for everyone.
What Is the Delaware Cap on Medical Malpractice Lawsuits?
Unlike many states, Delaware does not impose economic or non-economic damage caps in medical malpractice cases.
Key Rules & Exceptions
- Informed Consent: Claimants can’t sue for damages based on lack of informed consent in emergency treatments unless they prove the healthcare provider failed to provide information appropriate to the scenario, according to custom and the injured party’s statements during the event.
- Affidavit of Merit & Expert Witness: A lawsuit can’t be filed in Delaware unless it’s accompanied by an affidavit of merit signed by an expert witness confirming the claim has merit.
- Punitive Damages: Must be awarded separately and only if malicious intent or willful misconduct is proven.
What Is the Delaware Medical Malpractice Statute of Limitations?
Delaware Code Title 18, Chapter 68 states that malpractice actions must be filed within 2 years of when the injury occurred.
Exceptions:
- Discovery Rule: If the injury was not known to the injured party, and they could not have reasonably discovered the injury, the statute can be extended one additional year.
- Minors: Minors under the age of 6 have until their 6th birthday to bring action, even if it’s more than 2 years from the date of injury.
- Notice of Intent: Submitting a notice of intent extends the statute for 90 days.
Is Delaware a Physician-Friendly State?
Delaware offers some big advantages for physicians:
- No state-level sales tax or Social Security tax
- Property taxes are low
- Delaware is home to nationally recognized hospitals
But when it comes to medical malpractice, Delaware has its challenges. The state doesn’t have damage caps or tort reform; it uses joint and several liability. These factors can lead to higher payouts and increased malpractice premiums.
In addition, Delaware is removing its medical review panel requirement for malpractice cases starting May 11, 2025. These panels often help screen out meritless lawsuits, so their absence could lead to more early-stage litigation and added pressure on physicians.
Delaware doctors can benefit from working with a knowledgeable malpractice insurance broker to stay protected and manage rising costs. MEDPLI helps physicians find the right coverage at the best possible rate, bringing peace of mind in a changing legal environment.
Canceled or Non-Renewed?
MEDPLI Is Your Best Ally.
Delaware Physicians & Surgeons Partner with MEDPLI
We exclusively broker medical malpractice insurance, focusing daily on making the professional liability process less burdensome and expensive for doctors.
With MEDPLI, Delaware physicians:
Delaware Medical Malpractice Insurance FAQ
Delaware Medical Malpractice Insurance FAQ
Medical malpractice insurance protects Delaware physicians and other healthcare providers against claims alleging negligence, errors, or omissions in patient care. It typically covers legal defense costs, settlements, and court-awarded damages up to the policy limits.
We help Delaware physicians compare top-rated malpractice insurance carriers to find coverage that fits their specialty, practice setting, and budget.
Delaware does not have a statewide law requiring every physician to carry medical malpractice insurance. However, many hospitals, health systems, surgery centers, and employer groups require physicians to maintain malpractice coverage as a condition of employment or credentialing.
Even when it is not legally required, malpractice insurance is considered essential because malpractice claims can be financially devastating.
Many Delaware physicians can reduce their premiums by:
- Maintaining a clean claims history
- Completing approved risk management training
- Choosing appropriate deductibles
- Working part-time if eligible for premium credits
- Bundling coverage when available
- Comparing quotes from multiple insurance carriers
Rather than accepting the first renewal offer, MEDPLI shops multiple top-rated insurers to help physicians find competitive pricing.
Get Your Quote for Medical Malpractice Insurance in Delaware
Whether you’re a plastic surgeon in Dover or an OB/GYN in Newark, MEDPLI will provide you with premier coverage at a competitive rate.
Call 800-969-1339 or Request a Quote.
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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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