In Need of Medical Malpractice Insurance in Pennsylvania?
If you are a physician needing medical malpractice coverage in Pennsylvania, MEDPLI will work for you as your only trusted broker.
Use the information in this 2024 Buying Guide to get ready to discuss your medical malpractice insurance needs with a MEDPLI advisor. Get a quote.
Pennsylvania Medical Professional Liability Insurance Market Summary
Physicians in Pennsylvania have many options for obtaining medical malpractice insurance, but we recommend carriers rated “A” by A.M. Best because of their long-term financial solvency and a history of providing robust financial and legal support for Pennsylvania physicians.
Some of the top-rated medical malpractice insurance companies serving Pennsylvania physicians include:
Malpractice Insurance Rates for Pennsylvania Doctors
This information includes general estimated premiums which can vary greatly based on many factors, such as practice location, medical/surgical specialty, and past claims history. Talk to a MEDPLI broker to get quotes tailored to your unique coverage needs.
| Specialty | Approximate Claims Made Rate | Approximate Tail Rate | Approximate Occurrence Rate |
|---|---|---|---|
| Anesthesiology | $26,000 | $18,000 | $41,000 |
| Cardiovascular Disease Minor Surgery | $32,000 | $22,000 | $45,000 |
| Emergency Medicine | $49,000 | $30,000 | $78,000 |
| Family Practice No Surgery | $24,000 | $18,000 | $31,000 |
| Gastroenterology No Surgery | $24,000 | $18,000 | $33,000 |
| General Surgery | $58,000 | $30,000 | $81,000 |
| Internal Medicine No Surgery | $24,000 | $18,000 | $31,000 |
| Neurology No Surgery | $29,000 | $21,000 | $41,000 |
| Obstetrics and Gynecology Major Surgery | $78,000 | $43,000 | $110,000 |
| Occupational Medicine | $19,000 | $14,000 | $26,000 |
| Ophthalmology No Surgery | $19,000 | $14,000 | $26,000 |
| Orthopedic Surgery No Spine | $52,000 | $30,000 | $78,000 |
| Pediatrics No Surgery | $24,000 | $18,000 | $31,000 |
| Psychiatry | $21,000 | $15,000 | $26,000 |
| Radiology – Diagnostic | $29,000 | $20,000 | $50,000 |
*These estimates do not include MCARE. Using the PA standard limits of $500,000 Each Claim / $1,500,000 Aggregate per year in coverage
Each practice risk profile is different, and your rates could vary significantly. MEDPLI specializes in medical malpractice insurance and tail insurance coverage for Pennsylvania physicians and surgeons. To get estimates based on your specific scenario, reach out for a personalized quote. Get a quote.
Types of Professional Liability Insurance for Pennsylvania Physicians
Here is a brief overview of the most common types of medical malpractice insurance for physicians in Pennsylvania:
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 for physicians.
Reach out to an experienced MEDPLI insurance broker who will work for you to find a tail policy at a great price.
Telemedicine in Pennsylvania
According to the Pennsylvania Department of State, there are no laws in Pennsylvania that explicitly authorize or prohibit the practice of telemedicine in the state. However, physicians must be licensed in Pennsylvania in order to practice both traditional in-person medical services and provide telehealth services via virtual patient interactions. As such, physicians are to provide telehealth services within the same standard of care, HIPAA requirements, informed patient consent guidelines, and medical record keeping as traditional in-person patient visits.
In all other matters of delivering telemedicine services in the state – such as medical appropriateness of a telehealth visit and insurance reimbursement policies – The Pennsylvania Department of State refers the state’s physicians and other healthcare providers to the U.S. federal telehealth policy guidelines and updates at Telehealth.HHS.gov.
Doctors that take care of patients via telehealth are subject to the same liabilities as with in-person treatment. Reach out to a MEDPLI insurance broker to make sure your existing medical malpractice policy extends coverage to perform telehealth services in Pennsylvania.
Tort Reform in Pennsylvania
Effective January 1, 2023, the Pennsylvania Supreme Court enacted legislation that eliminated the state’s Medical Care Availability and Reduction of Error Act (MCARE) carve-out provision that stated: “A medical professional liability action may be brought against a healthcare provider for a medical professional liability claim only in a county on which the cause of action arose.” The new ruling allows plaintiffs to file medical malpractice claims in any Pennsylvania county in which “a healthcare provider regularly conducts business or has significant contacts.” Opponents to the ruling expressed concern that the number of medical malpractice claims could significantly increase, especially in Philadelphia County, and liability insurance rates could become higher for Pennsylvania healthcare providers overall as a result of this change.
In previous years, Pennsylvania had ushered in major tort reform in the state, including these notable reforms:
-
- Lowered limits of liability coverage for primary care physicians and specialists
- Caps on punitive damages and certain other recoveries after a personal injury
- Plaintiffs are required to obtain a certificate of merit before proceeding with a claim
- Individuals must file claims in the county where the malpractice occurred (Eliminated effective January 1, 2023)
- All hospitals are required to incorporate detailed patient safety plans under the Patient Safety Authority
Statute of Limitations for Medical Malpractice Claims
The statute of limitations for medical malpractice in Pennsylvania can be complex and can vary from case to case. Consulting with MEDPLI insurance brokers who understand the ins and outs of this system is an important part of protecting your medical practice with strong medical malpractice insurance coverage.
Medical Malpractice Insurance Outcomes in Pennsylvania
The total malpractice payout in Pennsylvania was $165,460,000 as of 9/30/2023. (Source: National Practitioner Data Bank)
Closing Remarks
Despite high medical malpractice insurance premiums, physicians report that they enjoy practicing in the Keystone state. The state boasts close to 250 institutes of higher learning and is home to much-respected hospital systems, including Hospitals of the University of Pennsylvania – Penn Presbyterian, which ranked highly in Newsweek’s listing of the “World’s Best Hospitals 2023”.
However, note that Pennsylvania physicians and surgeons need robust medical malpractice coverage in light of the tort reforms that resulted in changes to the state’s MCARE Act in 2023 – and because the state does not cap economic nor non-economic medical malpractice damages paid to plaintiffs.
