Updated: August 13, 2025

Advertising & Editorial Disclosure

Key Takeaways

blueCheck icon

Malpractice insurance provides financial protection when patients claim your medical care caused them harm.

blueCheck icon

It covers diagnostic errors and medication mistakes but excludes premises liability and cybersecurity breaches.

blueCheck icon

How much coverage you need depends on what kind of medicine you practice, where you work and what you have to lose.

What Is Malpractice Insurance?

Medical malpractice insurance, also called professional liability coverage, provides financial protection to health care professionals when patients claim poor care caused them harm. Most health care workers need this protection now, from doctors and nurses to midwives, physician assistants and nurse practitioners.

You can purchase malpractice insurance as a standalone policy or through your employer's group plan. When patients file claims against you, your coverage takes care of legal defense costs and any settlements or judgments up to your policy limits.

Compare Small business Insurance Rates

Ensure you're getting the best rate for your small business insurance. Compare quotes from the top insurance companies.

Why do we need ZIP code?

What Does Malpractice Insurance Cover?

Not every lawsuit against a health care professional becomes a malpractice claim. Understanding your coverage gaps matters. You could face thousands in legal bills if you don't know the exclusions:

Diagnostic error claims
A doctor dismissed a patient's chest pain as heartburn. It was actually a heart attack, and the patient sued for $500,000.
Medication administration mistakes
A nurse accidentally administered 10mg instead of 1mg of morphine, causing respiratory depression that required ICU admission and resulted in a negligence claim.
Premises liability incidents

A patient slipped on a wet floor in the waiting room and broke their hip, but this property-related injury requires general liability insurance, not malpractice coverage.

Emergency care outside your practice
You helped at a car accident and the victim claims your first aid worsened their spinal injury. Good Samaritan coverage protects you with legal defense up to policy limits.
Cybersecurity breaches

Hackers stole 5,000 patient records from your practice's server, triggering $50,000 in HIPAA fines that require separate cyber liability insurance to cover.

Informed consent violations
A surgeon performed a procedure without explaining risks. When complications arose, the patient sued for lack of informed consent, which malpractice insurance defends.
Employment-related lawsuits
A medical assistant sued for wrongful termination and sexual harassment, but these workplace issues need employment practices liability insurance, not malpractice coverage.
Telemedicine treatment errors
During a video consultation, you missed signs of appendicitis that led to a ruptured appendix and emergency surgery, creating a telehealth malpractice claim your policy covers.

How Much Malpractice Insurance Do I Need?

Most states don't legally require medical malpractice insurance like they do commercial auto insurance, but understanding who needs it and why can help you make the right coverage decisions:

  1. 1

    Professional Coverage Needs

    Any health care professional who makes clinical decisions or provides hands-on patient care should carry professional malpractice insurance, including malpractice insurance for doctors, nurses and allied health workers like physical therapists and pharmacists. Even students and residents during training would benefit from having coverage.

  2. 2

    Hospital Requirements

    Most hospitals require substantial coverage to get hospital admitting privileges (the authorization hospitals grant doctors to admit and treat patients at their facility), usually several million dollars in protection.

  3. 3

    Individual vs. Employer Coverage

    Even if your employer provides group coverage, individual policies offer portable protection that follows you between jobs.

When choosing professional malpractice insurance coverage amounts, consider your specialty's lawsuit risk and practice setting. High-risk specialties like surgery face bigger payouts than family medicine, while solo practitioners typically need more coverage than hospital-employed doctors with institutional backup.

Your location and personal assets also matter. New York allows unlimited jury awards, while Texas caps non-economic damages at $250,000 per health care provider. If you have substantial assets to protect, you'll want coverage limits that match what you could lose in a lawsuit.

Malpractice Insurance: Coverage Considerations

Health care looks different than it did five years ago, so your malpractice insurance policy should too. Check if your policy addresses these coverage gaps:

    laptop icon

    Telemedicine Protection

    Virtual visits need the same liability coverage as office appointments. Check that your policy includes telehealth, especially if you see patients in other states.

    handcuffs2 icon

    Cybersecurity Coverage

    According to the HIPAA Journal's 2024 Healthcare Data Breach Report, health care cyberattacks have become so common that 82% of Americans had their health data exposed in 2024 alone. Ask your insurer about cyber liability coverage. It protects you from HIPAA fines and the costs of responding to data breaches.

    caringHands icon

    Good Samaritan Protection

    Whether you help at an accident scene or volunteer at a community health fair, your malpractice insurance should cover emergency care you provide outside your regular practice. Check your policy details, as coverage limits may apply to these situations.

Medical Malpractice: Bottom Line

Malpractice insurance decisions become clearer when you know what financial protection you're getting and what you're not. This coverage handles claims from diagnostic errors and medication mistakes, but you'll need separate policies for cybersecurity breaches and premises liability. Choosing the right amount depends on balancing your specialty's risk level with your practice setting, location and assets.

Medical Malpractice Insurance: FAQ

Health care professionals ask similar questions about malpractice insurance. We answer the most frequently asked questions here:

How much does malpractice insurance cost?

Do nurses need malpractice insurance?

What malpractice insurance do doctors need?

What's the difference between claims-made and occurrence malpractice insurance?

Are malpractice insurance and professional liability insurance the same thing?

About Mark Fitzpatrick


Mark Fitzpatrick headshot

Mark Fitzpatrick, a Licensed Property and Casualty Insurance Producer, is MoneyGeek's resident Personal Finance Expert. With over five years of experience analyzing the insurance market, he conducts original research and creates tailored content for all types of buyers. His insights have been featured in publications like CNBC, NBC News and Mashable.

Fitzpatrick holds a master’s degree in economics and international relations from Johns Hopkins University and a bachelor’s degree from Boston College. He's also a five-time Jeopardy champion!

Passionate about economics and insurance, he aims to promote transparency in financial topics and empower others to make confident money decisions.


sources
Copyright © 2025 MoneyGeek.com. All Rights Reserved