window.dataLayer = window.dataLayer || [];function gtag(){dataLayer.push(arguments);}gtag('js', new Date());gtag('config', 'G-FQXKQJYQM1');
Schneiderman Insurance Agency
Schneiderman Insurance Agency

Medical Malpractice Insurance

Medical Malpractice Insurance2026-09-05T16:18:29-07:00

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.

When should I revisit my malpractice limits?2026-08-22T07:55:19-07:00

Annually, and any time the practice changes what it does. Adding a procedure, adding an advanced practice provider you supervise, opening a second location, or treating patients by telehealth across state lines all change the exposure being rated. Facility and credentialing requirements move too, and those are usually the practical floor on the limit. One California reason to look yearly: the MICRA cap on noneconomic damages rises every January under Assembly Bill 35, so the ceiling that shaped a limit decision in one year is higher the next. Current as of August 2026.

How far back does my policy reach?2026-08-22T07:55:17-07:00

To the retroactive date on your declarations, and no further. A claims-made policy names a date, and an incident that occurred before it is outside the coverage even if the claim arrives while the policy is live. Moving carriers can preserve that date through prior acts coverage, sometimes called nose coverage, so continuous practice stays continuously covered. Losing the retroactive date is one of the more expensive mistakes available when switching, and it is easy to do by accident. Send us the expiring declarations page and we will check the date carries across.

What happens to my coverage when I retire or change carriers?2026-08-22T07:55:15-07:00

On a claims-made policy, the answer depends on what you buy at the end. A claims-made form responds to claims reported while it is in force, so cancelling it without more can leave the years you practiced unprotected. Tail coverage, also called an extended reporting period, keeps that reporting window open after the policy ends. The alternative is prior acts coverage from the incoming carrier, which picks up the earlier years instead. Tail is usually priced as a multiple of the expiring premium, and some policies grant it at no cost on retirement, death, or disability after a stated number of years. Ask before you need it.

How much Medical Malpractice coverage do I need?2026-08-11T18:43:31-07:00

There is no standard figure. The range is usually set by your specialty and the procedures you perform, the requirements of any hospital, facility, or credentialing body you work through, whether the policy is written on a claims-made or occurrence basis and how any tail is handled, and the claim severity pattern in your field. Facility and credentialing requirements are often the practical floor. Because these are specific to the practice, review your individual needs with a licensed agent or qualified advisor.

What does medical malpractice insurance not cover?2026-08-22T07:55:12-07:00

The professional act is covered. Most of what sits around it is not. Criminal acts and sexual misconduct allegations are excluded, though many forms fund a defense up to a small sublimit until the conduct is established. Punitive damages awarded against an insured are not insurable in California. A licensing board inquiry is a separate matter from a patient lawsuit and is usually reached only through an administrative defense sublimit, if the policy offers one at all. Patient record exposure under HIPAA and the Confidentiality of Medical Information Act belongs to cyber, employment claims to EPLI, and a slip in the waiting room to general liability.