Texas Surgeons 2024 Buying Guide to Medical Malpractice Insurance

When you need medical malpractice insurance for your private surgical practice in Texas – or tail insurance coverage if you are a contracted surgeon changing jobs – MEDPLI will work for you as your only trusted broker. We have deep knowledge of the Texas medical malpractice insurance marketplace, plus they stay up-to-date on legislation and tort reforms that affect rates and coverage requirements for your specialty. Use the information in this 2024 Buying Guide to get ready to discuss your medical malpractice insurance needs with a MEDPLI broker.

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Obtaining medical malpractice insurance from carriers rated “A” by A.M. Best is always recommended. These companies are A-rated because of their long-term financial solvency. Some of the top carrier choices for Texas surgeons include:

Some Texas malpractice insurance companies that are not A-rated might participate in the Texas Property and Casualty Insurance Guaranty Association. If a medical malpractice insurance carrier becomes insolvent, the TPCIGA protects Texans who obtain malpractice insurance from licensed insurers for up to $300,000 per claim. However, MEDPLI brokers work to avoid risk for Texas surgeons by seeking quotes primarily from A-rated carriers.

Texas does not legally require surgeons in private practice, and physicians in general, to carry medical malpractice insurance to work. However, total medical malpractice payouts in Texas for 2023 was $125.45 million. Obtaining medical malpractice insurance through a broker like MEDPLI is still the best way to protect you and your practice in Texas from financial damages in the event of a lawsuit.

Also, despite Texas tort reforms resulting in relatively low minimum liability limits compared to other states, you will need more coverage if you are a Texas surgeon practicing in the following high-risk specialties that rank among the most often sued for malpractice – neurosurgery, bariatric surgery, orthopedic surgery, OB/GYN, plastic surgery, and general surgery.

Each medical malpractice insurance carrier serving Texas surgeons uses its proprietary methods of setting rates – typically considering location, specialty, and past claims history – so rates will vary among carriers and specialties. Every policy is underwritten on a case-by-case basis, but the following estimates will give you an idea of costs by specialty. Reach out to a broker like MEDPLI to get an exact quote from multiple carriers.

*Estimates based on approximate rates across all Texas territories for limits of $200,000 Each Claim/$600,000 Aggregate – the minimum limits of liability for most medical facilities in Texas.

Note that surgeons and physicians practicing in the following Texas locations pay more for coverage than those in most other localities: Houston (Harris County), El Paso (El Paso County), Brownsville (Cameron County), McAllen (Hidalgo County), Laredo (Webb), and other locations with a higher claims frequency or severity.

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 preparing to leave your employer, 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 and how a MEDPLI broker can help you get the best coverage and rates.

Here are some of the most common iatrogenic patient injuries that trigger medical malpractice lawsuits against surgeons practicing in high-risk specialties in Texas:

Neurosurgery – Claims relating to laminectomy surgeries, with the most common allegations: being denied treatment, procedural errors, and inadequate management of post-laminectomy syndrome.

Bariatric Surgery – Long-term discomfort or injury due to unrelenting pain, nausea, vomiting, and diarrhea due to leakage of bowel fluids, strictures, or removing too much of the digestive tract; chronic malnutrition.

Orthopedic Surgery – Complications involving internal and orthopedic prosthetic devices, implants, and grafts.

OB/GYN Surgery – Profound brain injuries at birth; misdiagnosis or delayed diagnosis of fetal distress.

Plastic Surgery – Improper performance of surgery and patient dissatisfaction with the outcome (scarring, nerve damage, death); improper management of post-operative complications and infections.

General Surgery – Surgical errors, such as when surgery is performed on the wrong body part, or when a sponge or surgical instrument is left in the patient’s body leading to a post-operative complication or death.

Check out the MEDPLI Medical Malpractice Insurance Blog for articles on how private practice surgeons can best manage the risk of being sued for malpractice, as well as other information on medical malpractice insurance trends and legislation.

In 2003, Texas passed significant tort reform for medical malpractice lawsuits. Among other things, the reform put a cap on damages for pain and suffering. Plaintiffs can now only collect a maximum of $250,000 in damages for pain and suffering from individual doctors (they can collect a maximum of another $250,000 from each healthcare facility involved in the injury).

The effect of tort reform in Texas has been an influx of doctors from all specialties, as well as lower insurance premiums.

• • Medical costs for surgeries, physicians’ appointments, prescription medications and medical equipment.
  • Lost wages due to the injury.
  • Lost earning capacity if the injury is permanently debilitating or makes it impossible for you to continue working.

Learn more about current medical malpractice payouts in Texas with the MEDPLI Tool: Medical Malpractice Payouts by State.

The statute of limitations in Texas for medical malpractice claims are as follows:

Overall, tort reform has made Texas a very friendly state for doctors, and it offers some of the lowest medical malpractice insurance rates in the country. There is currently a physician shortage in Texas, especially primary care doctors and OB/GYNs. Areas most severely impacted by the doctor shortage are rural locations, though cities are also somewhat impacted. This shortage has led to higher than the national average salaries for Texas doctors.

Texas is also at risk of having a severe shortage of surgical specialists by 2025. The National Center for Health Workforce Analysis, U.S. Department of Health and Human Services, projected national and regional supply and demand for 10 surgical specialties between 2013 and 2025. Nine of the ten surgical specialties are predicted to fall short of demand nationally by 20,340 full-time equivalents (FTEs). The southern U.S. states are expected to have the largest shortage of surgeons in 2025, with 10,210 FTEs.

If you’re a private practice surgeon working in Texas and looking for medical malpractice insurance, reach out to MEDPLI. In addition to working with private practice surgeons and their practice managers, we help contracted surgeons with their tail coverage when changing jobs. Whether you’re a neurosurgeon in Dallas, a general surgeon in Austin, or an OB/GYN in Houston, we can help you obtain coverage from an A-rated carrier.