As 2026 healthcare policy changes take effect, the medical malpractice risk environment is evolving. Reimbursement pressure, staffing shortages, and rising expectations are increasing the complexity of everyday care. Providers are managing higher-acuity encounters more frequently, with less tolerance for the effects of delays, documentation gaps, and handoff errors—conditions that can increase the likelihood of adverse outcomes and subsequent claims.

Verdicts Are Increasing in Size and Frequency

These trends are unfolding as jury awards continue to rise. According to the American Medical Association’s article, “Why medical malpractice awards are on the rise,” verdicts are increasing in frequency and severity, driven by medical cost inflation, broader interpretations of non-economic damages, and changing jury attitudes. The result is more “nuclear” verdicts exceeding $10 million, and a growing number of “thermonuclear” awards.

Premium Pressure and More Selective Underwriting

For healthcare providers, the impact is real: higher premiums, tighter terms, and closer scrutiny during underwriting and renewals. These trends are especially pronounced in specialties and settings associated with higher-severity outcomes, complex procedures, and elevated claim volatility.

Review Your Coverage for Hidden Gaps

In a changing liability environment, a malpractice policy should be evaluated with the same rigor as any other critical risk control. Seemingly minor details such as limits, defense costs, consent-to-settle terms, and tail coverage can leave even well-insured providers unexpectedly exposed.

Key Elements of an Independent Review

From an independent broker’s perspective, the goal of a policy review is clarity. An effective review should confirm:

  • How limits apply (per claim vs. aggregate, shared limits, and any sublimits)

  • Whether defense costs erode limits (inside vs. outside the policy limits)
  • How consent-to-settle provisions function and what control you retain over settlement decisions
  • Whether tail coverage is adequate for your situation
  • Any exclusions, endorsements, or reporting requirements that could create unexpected coverage restrictions

Many coverage issues only become obvious after a claim is filed, when options are limited, and decisions carry higher stakes. A proactive review can reduce surprises and strengthen your risk posture.

Request a Quick, Independent Policy Review

Now is a good time to confirm that your coverage aligns with your current risk environment. If you’d like added confidence in how your policy would respond, request a policy review or contact MEDPLI at 800-969-1339. Our experienced independent brokers can provide a quick, seamless review.

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Max Schloemann

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. For malpractice insurance questions, you can contact Max here.

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