2023 Massachusetts Doctors Buying Guide to Medical Malpractice Insurance

Doctors in Massachusetts have a variety of good options for medical liability insurance. The top insurers in the state are:

These companies have a history of providing robust financial and legal support for physicians and all have a financial strength rating of “A” from independent insurance rating company A.M. Best. These carriers use proprietary methodologies to set rates and there is no set standard rate across insurers for each specialty.

Because Massachusetts law requires doctors to carry a minimum level of malpractice insurance to practice in the state, all insurance carriers in the commonwealth are required to make their insurance products available to all providers, regardless of specialty.

Despite tort reform measures that have passed in the state, medical malpractice insurance rates have been historically expensive and have remained high for current Massachusetts doctors. A report by Wallethub named Massachusetts in the top 5 states with the highest malpractice award payout per capita.

Despite the enactment of several tort reform policies, rates for medical malpractice insurance are high for Massachusetts providers. See below for approximate rates across all territories for limits of $1,000,000 Each Claim/$3,000,000 Aggregate. The minimum required limits of liability for some practices and specialties in Massachusetts is $100,000 Each Claim/ $300,000 Aggregate. Speak with a qualified broker about rates for your specific needs.

Massachusetts law requires individuals that are licensed and providing direct care to patients to maintain medical malpractice insurance, with required minimum coverage amounts for claims against injury or death set at $100,000 per claim and $300,000 annual aggregate.

These requirements are quite low compared to the limits set in most other states that require doctors to maintain liability insurance. Higher risk specialties may need more coverage, and most hospitals in Massachusetts require physicians to carry coverage set at $1,000,000 per claim and $3,000,000 annual aggregate.

Even the best doctors need to protect against the possibility of a medical malpractice lawsuit and partnering with an independent broker to secure comprehensive medical malpractice insurance is fundamental to reducing risk in your practice.

The first confirmed case of COVID-19 was reported on February 1, 2020, with the number of cases increasing rapidly on March 5. Governor Charlie Baker declared a state of emergency on March 10. By March 12, more than a hundred people had tested positive for the virus. Massachusetts experienced a first wave of COVID-19 that peaked in late April 2020, with almost 4,000 people hospitalized with the disease.

A second wave began in the autumn of 2020 and peaked in January 2021, with a smaller third spike of increased cases and hospitalizations in March and April 2021. A fourth wave began in July and August 2021, with another wave occurring in early winter of 2021.

In January 2022, the state reported that there had been 1,411,613 total reported COVID-19 cases and 20,872 reported deaths among cases of COVID-19 in Massachusetts since the beginning of the pandemic. As of January 7, 2022, 91.6% of people in Massachusetts had received at least one dose of a COVID-19 vaccine, and 75.0% were fully vaccinated.

To be able to respond confidently to the changing needs of patients during the COVID-19 pandemic, Massachusetts doctors are encouraged to have a comprehensive policy in place from a top-rated medical malpractice insurance carrier.

Through the passage of “An Act Promoting a Resilient Health Care System that Puts Patients First”, Massachusetts has signaled that they will continue to support the expansion of telehealth services beyond the COVID-19 pandemic. This Act expands upon the emergency orders to require that insurers provide coverage for health care services that are delivered via telehealth, provided the services would have been covered if they were performed in-person and the services are an appropriate use of telehealth, plus more.

Research into telehealth indicates that patients are largely satisfied with the ease and quality of care, and the adoption of telemedicine services is only expected to grow. Since physicians are held to the same standard of care regardless of whether they are practicing via telehealth or in-person visits, it is recommended that doctors carry insurance that specifically covers telemedicine. If you are unsure, consult with your insurance broker.

The COVID-19 pandemic caused a monumental shift in how health care is delivered all over the country, including in the Bay State. When the governor declared a state of emergency due to COVID-19 in early 2020, temporary legislation was quickly passed that allowed safe access to quality healthcare through telehealth services, including requiring all commercial insurers and the Group Insurance Commission to:

Through the passage of “An Act Promoting a Resilient Health Care System that Puts Patients First”, Massachusetts has signaled that they will continue to support the expansion of telehealth services beyond the COVID-19 pandemic. This Act expands upon the emergency orders to require that insurers provide coverage for health care services that are delivered via telehealth, provided the services would have been covered if they were performed in-person and the services are an appropriate use of telehealth, plus more.

Research into telehealth indicates that patients are largely satisfied with the ease and quality of care, and the adoption of telemedicine services is only expected to grow. Since physicians are held to the same standard of care regardless of whether they are practicing via telehealth or in-person visits, it is recommended that doctors carry insurance that specifically covers telemedicine. If you are unsure, consult with your insurance broker.

Like all states, Massachusetts has enacted several tort reform policies in an effort to stabilize the medical malpractice insurance landscape and reduce malpractice litigation. Notable tort reform in the state includes:

The current caps on medical malpractice damages in Massachusetts as of 2022 are:

It is important to note that in cases where there is a “substantial or permanent loss or impairment of a bodily function or substantial disfigurement or other special circumstances that would warrant a finding that imposition of such limitation would deprive plaintiff of just compensation for injuries”, plaintiffs CAN be awarded more than $500,000.

The major guidelines regarding the state’s medical malpractice statute of limitation are as follows:

In addition to filing a malpractice claim within the designated time period, plaintiffs must also submit an “offer of proof” to a three-person medical malpractice tribunal in order to proceed with the lawsuit. The offer of proof must provide evidence that the defendant provider did not meet the appropriate standard of care and the patient was harmed as a result. If the tribunal rules there isn’t sufficient evidence to take the claim to court, the patient is required to post a bond of $6,000 in order to proceed with the lawsuit.

Doctors practicing in Massachusetts that have a claims-made policy but DON’T have Prior Acts insurance (also known as Nose Coverage) need a tail insurance policy to ensure that they’re protected from malpractice claims when changing jobs. Your exposure period begins with your retroactive date (the first date of employment with your last employer) and ends on the policy cancellation date (your last day seeing patients at that job). If a claim is made after your policy expires, tail malpractice insurance will protect you. Often before you begin a new job, your new employer will want to confirm you have tail coverage from your prior job. To get the best rates on tail insurance in Massachusetts, contact a broker before you notify your employer of your resignation.

When a physician ends their employment, their insurance coverage with that employer also ends. Because most liability policies are underwritten on a claims-made basis, if a claim is filed against you after you leave your employer and your insurance coverage has already ended, you can be exposed to a lawsuit. Tail insurance covers you from your retroactive date up to the last day the policy is in effect – with the ability to report claims years after the last day. Read more about options for tail insurance.

The total medical malpractice payout in Massachusetts for 2021 was $53,347,500.

Massachusetts is home to numerous medical centers and several top hospitals in the nation, including Mass General and Brigham and Women’s Hospital. Massachusetts residents have great access to high quality healthcare at an affordable price – the state’s Department of Public Health reports that 98% of residents are covered by insurance, more than any other state in the country.

Doctors in the state are also paid well. The top 4 of the 10 highest paid jobs in Massachusetts are in the medical field, with the Bureau of Labor Statistics reporting that surgeons, ob/gyns, anesthesiologists, and family medicine physicians are the highest paid professions in the state. Psychiatrists, dentists, and nurse anesthetists also make their way onto the top 10 list. Still, physicians practicing in Massachusetts must battle with expensive premiums for medical malpractice insurance, and some argue that further tort reform is needed to retain top medical talent.

MEDPLI helps doctors from all specialties. Whether you are a plastic surgeon in Boston, a radiologist in Worcester, or a urologist in Springfield, we can help you find medical malpractice insurance. To get coverage from an A-rated carrier, contact us by requesting a quote.