Malpractice Payouts for Florida OBGYNs are High

Florida OB/GYN specialists serve a diverse patient population as an increasing number of young families make their home in the state alongside Florida’s retirement communities. Although most OB/GYNs practice in Miami and other metro areas, demand continues for women’s healthcare services all across Florida — from women in their childbearing years, as well as senior women who seek management of menopause symptoms and related gynecological care.

However, Florida is among the top three U.S. states with the most medical malpractice payouts on record, totaling nearly $10.6 billion over the last 20 years, according to statistics from the National Practitioner Data Bank.

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

As your only trusted broker, 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 Requirements for Florida OB/GYNs

Florida does not legally require OB/GYN specialists, and physicians in general, to carry medical malpractice insurance. However, in order to be licensed to practice in Florida, the Florida Board of Medicine requires physicians to establish financial responsibility in one of the following ways:

  • Obtain and maintain professional liability coverage in an amount not less than $250,000 per claim, with a minimum annual aggregate of not less than $750,000 from an authorized insurer – or –
  • Establish and maintain an escrow account consisting of cash or assets eligible for deposit in the per claim amounts specified above – or –
  • Obtain and maintain a letter of credit in an amount not less than $250,000 per claim, with a minimum aggregate availability of credit of not less than $750,000.

The standard limits of liability in Florida are $250,000 Each Claim / $750,000 Aggregate per year in coverage.

MEDPLI 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 Florida. As an independent broker, we specialize in medical malpractice insurance for OB/GYNs. We can help you find the best coverage at a great price.

Medical Malpractice Insurance Requirements For Florida OBGYNs

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

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.

2. 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 stays the same for the length of the policy, and there is no need for tail coverage when the policy ends. Read more about occurrence insurance.

3. 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 MEDPLI.  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 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 the discuss the unique needs of your Florida OB/GYN practice.

Your MEDPLI insurance 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 OB/GYN specialty.

A Rated Florida Medical Malpractice Insurance Carriers Top Companies In Florida

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

MEDPLI 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. The top carriers include:

  • The Doctors Company

  • MedPro Group

  • MagMutual

  • ProAssurance

  • NORCAL Group (A Part of ProAssurance)

  • Coverys Group


Why OB/GYNs Are Classified as High Risk by Medical Malpractice Insurance Companies

Medical malpractice insurance underwriters classify OB/GYN as a high-risk because of the potential severe birth injuries, gynecologic surgical errors and complications that commonly lead to allegations of malpractice. Therefore, the cost of medical malpractice insurance will be higher for OB/GYNs compared to other lower-risk specialties.

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

OB/GYNs can reduce their risk of a malpractice lawsuit by implementing a comprehensive risk management strategy. For tips on fine tuning your risk management strategy, check out our OB/GYN’s Guide To Managing Malpractice Risk.

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

There is no cap on non-economic damages in Florida medical malpractice lawsuits. Also, there is no limit on the amount of compensation a plaintiff can recover for past and future economic damages, such as medical care necessitated by the malpractice, lost income, lost future earning capacity, and any other measurable economic losses attributable to the defendant’s malpractice.

Florida’s Statute of Limitations for Medical Malpractice Claims

The statute of limitations in Florida for medical malpractice claims in general/ordinary negligence cases have been reduced from four years to two years as a result of the tort reforms passed in 2023:

  • Ordinary negligence carries a statute of limitation of two years from the date the harm from the malpractice was discovered or could reasonably have been discovered.

  • The statute of limitations might be extended to four years in cases where the injury wasn’t immediately discoverable.

  • For cases that involve intentional misrepresentation, concealment or fraud is, the statute of limitations is seven years.

  • For minors, the statute of limitations is different. When an action is being brought on behalf of a minor child, a medical malpractice 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/GYNss are more vulnerable to personal financial loss if they do not have robust medical malpractice coverage.

In 2022, the total medical malpractice payout in Florida was $203,849,700.

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 of twin infants born prematurely. The infants became blind as a result.

$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

Working with MEDPLI 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 Florida.

  • 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. 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.

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. From submitting your application, obtaining the best rates for new policies and renewals from “A” rated carriers, and more, MEDPLI is the only medical malpractice insurance broker you’ll need.