Georgia Medical Malpractice Insurance

• Limits of Liability: $1 million/$3 million
• Major Malpractice Insurers:
  • MAG Mutual Insurance Co.
  • The Doctors Company
  • Medical Protective Co.
  • National Fire & Marine Ins. Co.
  • Medical Mutual Ins. Co. of NC
• Cost of Medical Malpractice Insurance: High

The Georgia malpractice marketplace has historically been dominated by MAG Mutual, which currently represents about 40 percent of Georgia premium. However, competition in the state has increased in recent years, with new insurers entering the marketplace. In part, this may be due to several important tort reforms enacted by the Georgia legislature. Prior to these reforms, Georgia was losing physicians and, in 2002, it was even added to the American Medical Association’s (AMA) list of states in a medical liability crisis. AMA classifies a crisis state as one where—due to rising medical malpractice insurance premiums—specialty physicians are driven to retire, practice elsewhere or curtail certain services.

Since that time, the climate has changed for the better in the Peach State. In response to the crisis, a tort reform package known as Senate Bill 3 were passed in 2005. Though several provisions of Senate Bill 3 have since been struck down by the Georgia Supreme Court, several important provisions remain in place, including an apology law; a requirement to submit an expert affidavit before filing a medical malpractice lawsuit; joint liability reform; periodic payment for damages; and a provision allowing defendants access to plaintiff health information.

Georgia has been moderately successful in enacting tort reforms. As detailed above, Senate Bill 3 implemented significant reforms. However, some of the most essential parts of the law were struck down by the Georgia Supreme Court, including a $350,000 cap on noneconomic damages, which was declared unconstitutional by the Georgia Supreme Court in 2010 because it violated the right to trial by jury. Other parts of SB 3 were also struck down, including a measure to curtail venue shopping.

In 2017, Georgia Gov. Nathan Deal signed into law HB 165, a bill that prevents the state’s Medical Practices Act from being used to require Maintenance of Certificate as a condition for the purchase of medical malpractice insurance.

• Damage Caps? No, damage caps were ruled unconstitutional in Georgia in 2010.
• Patient Compensation Fund? No
• Apology Law? Yes, in cases of an unanticipated medical outcome, statements, affirmations, gestures, activities or conduct expressing benevolence, regret, apology, sympathy, commiseration, condolence, compassion, mistake, error or a general sense of benevolence can be made to the patient and/or the patient’s relatives and representatives.
• Collateral Source Reform? No
• Periodic Payments? Yes, for future damages exceeding $350,000 and if requested by either party.
• Joint Liability Reform? Yes, defendants are only responsible for their proportionate amount of negligence. If the plaintiff is found to be at some degree of fault for his or her injuries, then the judge must first reduce the damages based on that degree of fault.
• Limits on Plaintiff Attorney’s Fees? No

Overview

Rates in Georgia tend to be high, but much can depend on practice location. For example, specialists like obstetricians and surgeons are subject to higher rates in certain parts of the state, but in many parts of Georgia, premiums for these specialties can be found for less than $50,000 per year. Rates for general practitioners tend to be in the teens, and compare favorably with rates in many other states.

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

Coverage by Georgia County

Rates in Georgia tend to vary less by county than in many other states. Higher rates are found in Fulton County as well as neighboring counties like Clayton, Fayette and Douglas. These counties include the city of Atlanta and surrounding areas.

Medical Association of Georgia
Georgia State Medical Association
Georgia Office of Insurance
Georgia Composite Medical Board
Georgia Osteopathic Medical Association
All MD Georgia Healthcare Defense Attorney Listing