Delaware Medical Malpractice Insurance

• Most Common Limits of Liability: $1 million/$3 million
• Major Malpractice Insurers:
  • ProAssurance Casualty Co.
  • Continental Casualty Co.
  • Medical Protective Co.
  • The Doctors Company
  • Healthcare Providers Ins Exchange
• Cost of Medical Malpractice Insurance: High
• Pending State Legislation in 2021 that could affect your rates?: No

Delaware physicians face higher premiums than in much of the rest of the country, but rates are quite moderate when compared with neighboring mid-Atlantic and northeastern states. The reasons for this are not entirely clear, as Delaware has never enacted significant reforms to its medical liability system. However, Delaware’s tort system has consistently been ranked No. 1 by the Institute for Legal Reform’s survey, Lawsuit Climate: Ranking the States. Founded by the U.S. Chamber of Commerce in 1998 to address the country’s litigation explosion, the Institute for Legal Reform is a national organization, representing the United States’ business community, with the mission of making America’s legal system simpler, fairer and faster for everyone. According to the 2015 report, Delaware ranked No. 1 overall, as well as in several sub-categories, including overall treatment of tort and contract litigation; having and enforcing meaningful venue requirements; treatment of class action and mass consolidation suits; damages; timeliness of summary judgment or dismissal; and judges’ competence. The First State ranked No. 2 in the report’s other categories, including discovery; scientific and technical evidence; judges’ impartiality; and juries’ fairness.

Delaware has not passed major reforms to its medical liability system. However, several minor reforms have been implemented, including collateral source reform, limits on attorney fees, periodic payments and the requirement that an Affidavit of Merit be filed for malpractice cases. Additionally, the state has created Medical Negligence Review Panels, which evaluate evidence and provide an opinion on cases. These reviews are admissible in court, but are not considered conclusive.

• Damage Caps? No
• Patient Compensation Fund? No
• Apology Law? Yes, physicians and healthcare workers in Delaware can make statements, writings, gestures or affirmations expressing apology, sympathy, compassion or benevolence to the patient and/or the friends and family of the patient for pain, suffering or death as an unanticipated outcome of medical care. However, any expression or admission of liability or fault is not covered under the law and will be admissible in court.
• Collateral Source Reform? Yes, defendants can offer evidence of certain types of public collateral sources, not including life insurance or any private collateral sources.
• Periodic Payments? Yes, courts can order periodic payments, but are not obligated to do so.
• Joint Liability Reform? No
• Limits on Plaintiff Attorney’s Fees? No

Overview

Medical malpractice rates in Delaware are high in comparison to much of the country, but still much lower than rates in neighboring states. There are a lot of insurance choices in Delaware, which helps keep rates down.

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 First 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 Delaware physicians, healthcare professionals and medical groups looking to find the best coverage and lower their medical malpractice insurance rates.

Coverage by Delaware County

Delaware only has three counties – New Castle in the North, which includes the city of Wilmington; Kent in the central part of the state, and Sussex County in the South. Rates among the three counties do not vary.

Medical Society of Delaware
Delaware Department of Insurance
Delaware Board of Medical Licensure and Discipline
Delaware State Osteopathic Medical Society
Delaware Medical Assistance Program