
Malpractice Insurance for Orthopedic Surgeons
Orthopedic surgery is a high-risk specialty, making it subject to a high amount of malpractice claims.
A Medscape survey from 2017 found that 76% of orthopedists surveyed had been sued at least once, and independent studies have found that orthopedic surgeons have one of the highest rates of medical malpractice claims filed against them. Because of this risk, orthopedic surgeons tend to have high rates for medical malpractice insurance, but there are multiple factors that impact the cost.
If you are an orthopedic surgeon in need of medical liability insurance, contact MEDPLI. We work with A-rated carriers that provide robust protection for their policyholders, and we can save you up to 28% on your rates.
Why Orthopedic Surgeons need Medical Malpractice Insurance
A previously noted, orthopedic surgery is one of the most frequently sued specialties. Orthopedists tend to be sued for:
- Abnormal injury – this can include surgeries targeting the wrong spine level, errors during hip or knee replacement, nerve damage caused by surgery, and more
- Failure to diagnose
- Failure to treat
- Improperly obtained or unobtained informed consent
- Poor documentation of patient instruction and education
Additionally, orthopedic surgeons tend to be men, and men have a higher rate of being targeted with medical malpractice lawsuits.
Though many states have caps on non-economic damages, most states do not have a cap on economic costs caused by the injury. Doctors also must consider the cost of hiring a lawyer when a malpractice case is brought against them.
Because orthopedists have a high potential of being sued, it is important they carry robust medical malpractice insurance from A-rated carriers. An A-rated carrier (rated by A.M. Best) will be able to cover:
- Economic and non-economic damages awarded to the plaintiff
- Attorney’s fees
Though many (not all) states have no legal requirement for orthopedic surgeons to carry medical malpractice insurance, most hospitals require it if you want admitting privileges.

Medical Malpractice Insurance Rates for Orthopedic Surgeons
COVID-19 halted many elective and non-emergency orthopedic surgeries, impacting orthopedists’ earning ability. At the same time, malpractice rates have started trending upwards. Now is a good time for orthopedic surgeons to re-evaluate their current malpractice insurance program with a broker to ensure they have the right coverage at the lowest available rates.
Rates for medical malpractice insurance for orthopedic surgeons are heavily affected by the physician’s claims history. If a doctor has had multiple claims filed against them, it will likely double the cost of their insurance rates.
Rates are also impacted by the physician’s location. See below for average rates by location for orthopedists. Mature claims-made estimates below are for informational purposes only. Occurrence coverage may be available. To get your personalized rate estimate, please request a quote.
*These states offer limit options