What does medical malpractice insurance cover?
As a healthcare provider, you've spent your life working to help others, but if you make a mistake, you could end up facing a medical malpractice lawsuit. With the average jury award just under $800,000, medical malpractice insurance could be the only thing standing between you and having to close down your entire practice.
However, these cases can be difficult to resolve. As noted by the National Association of Insurance Commissioners, quite a lot of funding goes into investigating claims and determining whether or not malpractice occurred. If it didn't, then patients often have no basis for a lawsuit.
If a patient does have a basis for a claim, Schneiderman Insurance Agency agents will work with you throughout the defense process to help cover losses in the event you're found liable for malpractice. Remember, there are no forms of medicine that are immune to malpractice suits. Whether you're a general practitioner or a dedicated specialist, there's always the chance of something going wrong, and more frequently, patients believing you did something wrong.
Claims made or occurrence: which do I have?
Medical malpractice policies cover liability associated with any form of wrongful practice (intentional or not), with a particular emphasis on bodily injury, property damage, and medical expenses. They also cover defending against lawsuits related to these (many of which can take more than a year to reach a successful conclusion).
There are two major types of coverage:
- Occurrence policies cover against losses that happen during the period that a policy was in force, since many people may not file suit for more than a year after the alleged malpractice incident. Once the suit is filed, it may take more than two years to resolve.
- Claims made policies respond to claims first made and reported while the policy is in force, reaching back only as far as the retroactive date shown on the declarations. Cover does not continue automatically once the policy ends. Keeping that reporting window open takes tail coverage, also called an extended reporting period, or prior acts coverage from the incoming carrier.
Most malpractice claims resolve without a trial, and settlement usually comes late in the process. The carrier and the defense counsel it appoints run that decision, not your agent. What is worth reading before you need it is the consent-to-settle provision. Many medical malpractice policies require your agreement before the carrier can settle. Some pair that with a clause limiting what the carrier owes if you decline a settlement it recommends and the case later resolves for more. That provision shapes how much control you have over a claim in your own name.
Know which type of medical malpractice insurance you carry, and how long the reporting window runs. That can decide whether you have any coverage at all when a suit is brought. If you're not sure how long you'll need coverage for, one of our agents can talk with you about your plans for the future and how much insurance you need.
Common questions about Medical Malpractice Insurance
Answering the most frequently asked questions about Medical Malpractice Insurance.






