Connecticut Medical Malpractice Insurance

• Most Common Limits of Liability: $1 million/$4 million
• Major Malpractice Insurers:
  • MCIC VT (A Reciprocal RRG)
  • ProSelect Insurance Co.
  • Connecticut Medical Ins. Co.
  • Continental Casualty Co.
  • Ironshore Specialty Ins. Co.
• Cost of medical malpractice insurance: Very High
• Pending State Legislation in 2021 that could affect your rates?: No

Physicians in Connecticut face high malpractice premiums. Coupled with mandatory insurance requirements, this can make Connecticut a difficult state for physicians seeking reasonably-priced policies. Unaffordable rates have been a problem in Connecticut for some time, and it doesn’t look like this issue will be resolved anytime soon. In 2012, a survey of Connecticut physicians conducted as part of a study on defensive medicine found that 39 percent of physician-respondents had been personally involved in a medical malpractice case, and 73 percent of respondents said they were concerned or very concerned about medical malpractice. Connecticut saw a large spike in malpractice premiums and claims amounts from the mid-1990s through the mid-2000s, with awards in malpractice cases increasing 176 percent between 1994 and 2004. At the same time, many insurers exited the Connecticut market, making affordable insurance even more difficult to find. Though claims and medical malpractice payouts in the Constitution State have decreased significantly over the past 10 years (mirroring a general decrease across the United States), this has not yet resulted in any significant decrease in malpractice premiums for physicians.

And physician liability risk got a little wider in 2018 when the Connecticut Supreme Court recognized — in the case of Byrne v. Avery Center for Obstetrics and Gynecology, P.C. — a new negligence cause of action for a healthcare provider’s unauthorized disclosure of confidential patient information. In doing so, Connecticut joins neighboring states, including New York and Massachusetts, which had already recognized state-law civil liability premised on the unauthorized disclosure of patient information.

As in many states, reforms to the Connecticut medical liability system have been frequently attempted, with some limited successes. Though Connecticut has been unsuccessful in capping damages, many other reforms have been instituted, including joint-and-several liability reform, use of collateral source when determining damages, limits on attorney fees and the use of periodic payments for large settlements. Unfortunately, none of these measures has had much effect on the cost of insurance for physicians. The Connecticut State Medical Society lists promoting health courts as an alternative to the current medical liability system, supporting caps on damages and protecting the personal assets of physicians in liability cases among its most important legislative goals for Connecticut physicians.

• Damage Caps? No
• Patient Compensation Fund? No
• Apology Law? Yes, statements and gestures expressing apology, fault, sympathy and general benevolence can be made to a patient or a patient’s relative or representative.
• Collateral Source Reform? Yes, benefits from collateral sources must be disclosed and used to reduce recoverable economic damages, not including any amount paid by the plaintiff to secure the benefit.
• Periodic Payments? Yes; in cases where damages exceed $200,000, parties are given 60 days to negotiate a method of payment, which can be a lump sum or in periodic payments or a combination of the two. If the parties cannot agree, then the judge must order payment in a lump sum.
• Joint Liability Reform? Yes, defendants are only responsible for their proportionate share of negligence. But, there is a provision in Connecticut’s law which allows for damages to be re-apportioned among all defendants if, after one year, the court determines that some portion of one or more of the defendant’s shares is uncollectible.
• Limits on Plaintiff Attorney’s Fees? Yes, fees are limited to 1/3 of the first $300,000; 25 percent of the next $300,000; 20 percent of the next $300,000 and 15 percent of the next $300,000. For amounts of more than $1.2 million, fees are limited to 10 percent.

Overview

Medical malpractice rates in Connecticut are among the highest in the nation. Specialists like obstetricians will likely see premiums of well over $100,000 per year, and insurance for general practitioners is also pricey compared with many other states. Rates have remained steady in recent years.

Get Historic Rates

By combining our efforts with those of the Medical Liability Monitor – the nation’s leading independent source of Medical Liability Insurance news, as well as the political, legal and risk management issues that affect the healthcare industry – we’ve published historic rate data for every county in the Constitution State. You can view all the rates by completing the three simple steps on the left of this page. You’ll find the insights offered by this information invaluable when making your decision on your medical malpractice insurance coverage and carriers. This is only one of the many reasons that Cunningham Group Insurance has become the preferred online source for Connecticut physicians, healthcare professionals and medical groups looking to find the best coverage and lower their medical malpractice insurance rates.

Coverage by Connecticut County

Rates do not vary by county in Connecticut, but are set for the entire state. Fairfield, Hartford and New Haven Counties are the most populous in the state, but even in smaller counties, physicians will find high premiums.

Connecticut State Medical Society
Connecticut Insurance Department
Connecticut Medical Examining Board
Connecticut Osteopathic Medical Society
Connecticut Medical Group Management Association
All MD Connecticut Healthcare Defense Attorney Listing