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Massachusetts Medical Malpractice Insurance

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Cunningham Group is here for Massachusetts Physicians & Medical Professionals

We are Medical Malpractice Insurance Specialists helping physicians, medical professionals and medical groups across specialties get medical malpractice coverage at cost-effective rates – as well as providing valuable tools and resources.

Founded in 1947, our experienced liability specialists will customize a policy to the specific needs of you and your practice.
Get all the physician discounts you are entitled to, including: Risk Management, Claims-free and New to Practice.
We ensure you receive Prior Acts, so you avoid purchasing separate tail malpractice coverage.
We publish historic rate data for every county in the State, in partnership with the Medical Liability Monitor – the nation’s leading independent source of Medical Liability Insurance and healthcare industry news.
Access to ALL MD, our network of Connecticut healthcare defense lawyers. Free Practice Tools, including Online Patient Satisfaction Survey System and Risk Management tools.
Experience excellent customer service with our dedicated account team.

Cunningham Group Has You Covered

On average, Cunningham Group saves Physicians and Medical Professionals 20% on their medical malpractice insurance.

2021 Massachusetts Malpractice Insurance Marketplace Guide

Massachusetts Med-Mal Fast Facts

  • Most Common Limits of Liability: $1 million/$3 million
  • Major Malpractice Insurers:
    • Controlled Risk Insurance Company of Vermont
    • Medical Professional Mutual Insurance Company
    • Medical Protective Co.
    • Connecticut Medical Insurance Co.
    • Ironshore Specialty Insurance Co.
  • Cost of Medical Malpractice Insurance: Very high
  • Pending State Legislation in 2021 that could affect your rates?: No

The Massachusetts Malpractice Landscape

Professional liability insurance in Massachusetts is very expensive, particularly for specialists like surgeons and obstetricians. However, there is a wide variety of insurers to choose from in Massachusetts, including surplus carriers and risk purchasing groups, which has helped to keep rates lower than they might be otherwise. Massachusetts requires all insurers in the state to make their products available to all specialties and practice types, which further increases options for physicians.

Tort Reform in Massachusetts

Though noneconomic damages are capped at $500,000 in the Commonwealth, this measure has had limited success in keeping rates down due to a provision in the law that allows for damages to be higher if there is “a substantial or permanent loss or impairment of a bodily function or substantial disfigurement, or other special circumstances in the case which warrant a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained.” Plaintiff lawyers have found this standard easy to meet.

In 2012, Massachusetts passed a comprehensive law based on the Disclosure, Apology & Offer (DA&O) model to help resolve medical liability cases and control costs. Under this model, healthcare professionals, hospitals and their professional liability insurers are encouraged to disclose to patients and their families when an adverse outcomes occurs; investigate and explain to the injured party what happened; establish risk management systems intended to prevent the incident from recurring; and, when appropriate, apologize as well as offer fair financial compensation prior to the patient having to resort to legal action. The law does not preclude an injured patient from consulting a medical malpractice attorney, and should the offered compensation be refused, the statement of apology would not be admissible in any court proceedings.

Does Massachusetts have…

  • Damage Caps? Yes, noneconomic damages are capped at $500,000; however, a loophole in the law makes the cap less effective.
  • Patient Compensation Fund? No
  • Collateral Source Reform? Yes, collateral payment sources must be disclosed and used to reduce recoverable economic damages, not inclusive of any amount paid by the claimant to secure the benefit.
  • Periodic Payments? No
  • Apology Law? Yes, statements, writings, affirmations, gestures, activities or conduce expressing benevolence, regret, apology, sympathy, commiseration, condolence, compassion, mistake, error or a general sense of concern can be expressed to a patient, patient’s relative or patient’s representative in the event of an unanticipated outcome of medical care.
  • Joint Liability Reform? No
  • Limits on Plaintiff Attorney’s Fees? Yes, fees are limited to 40 percent of the first $150,000; 33 1/3 percent of the next $150,000; 30 percent of the next $200,000; and 25 percent of any amount exceeding $500,000.

Medical Malpractice Rates in Massachusetts


Rates in Massachusetts are very high, with yearly premiums for obstetricians costing close to $100,000, if not more, and rates for general surgeons set at about $50,000. Rates for general practitioners tend to be in the teens. Massachusetts premiums tend to be similar or lower than those in neighboring states like Connecticut and New York.

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

Coverage by Massachusetts County

Rates in Massachusetts are generally set for the entire Commonwealth, and do not vary across the state’s 14 counties. Physicians will find the same high premiums whether they practice in populous areas like Middlesex, Essex and Suffolk Counties, or in rural areas like Nantucket County.

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