Texas Medical Malpractice Insurance

• Most Common Limits of Liability: $200,000/$600,000
• Major Malpractice Insurers:
  • Texas Medical Liability Trust
  • Medical Protective Co.
  • The Doctors Company
  • ProAssurance Indemnity Co.
  • Columbia Casualty Co.
• Cost of Medical Malpractice Insurance: Moderate

Texas has a strong professional liability marketplace with many insurance options, but that wasn’t always the case. Prior to 2003 medical liability reforms, Texas was losing insurance carriers, leading to higher rates and fears of physician shortages, especially in rural areas. However, the 2003 reforms have helped to address these issues.

Texas implemented comprehensive reforms under the Medical Malpractice and Tort Reform Act of 2003.  Included in this act were caps on noneconomic damages in medical liability cases, changes to evidentiary procedures, joint and several liability reform and limiting damages to incurred costs, among others. The law had particular impact on the medical malpractice market because it employed a ballot initiative which immediately validated the caps. In many states, insurers take a wait-and-see approach to damage caps, as they are frequently determined to be unconstitutional by state supreme courts, as has happened in Illinois and Georgia, among others. In contrast, Texas’ caps were passed through a constitutional amendment and voted on by the citizenry, so there is little danger of the caps being rescinded in the future.

The effect on the Texas liability market was immediate and far-reaching. Since passing these reforms, malpractice rates in Texas have decreased sharply and the number of physicians in the state has increased. According to a joint report by the Heritage Foundation and the Texas Public Policy Foundation, the number of physicians practicing in Texas nearly doubled between 2003 and 2013, and the number of physicians in Texas is now growing at twice the rate of the state’s population.

• Damage Caps? Yes, noneconomic damages are capped at $250,000 for claims against physicians and healthcare providers, with a separate cap of $250,000 per healthcare facility and a total cap of $500,000 against healthcare facilities.
• Patient Compensation Fund? No
• Apology Law? Yes, a statement, writing or gesture that conveys compassion or commiseration, or expresses sympathy or a general sense of benevolence can be made to a person or the family of the person within the second degree for pain, suffering or death of an individual involved in an accident.
• Collateral Source Reform? No
• Periodic Payments? Yes, periodic payments must be ordered if damages equal or exceed $100,000.
• Joint Liability Reform? Yes, defendants are held responsible only for their portion of fault.
• Limits on Plaintiff Attorney’s Fees? No

Overview

Medical malpractice rates in Texas are moderate, but, in recent years, there have been some increases. Additionally, rates can vary a lot by county, with physicians in some parts of the state paying two or three times what they would in other areas of Texas. For example, obstetricians can find rates ranging from about $25,000 to $90,000 or more per year, depending on location.

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

Coverage by Texas County

Harris County, which includes Houston and parts of the surrounding area, has much higher rates than most other counties in Texas. Another expensive pocket can be found among the counties of southern Texas, including Brooks, Cameron, Hidalgo, Jim Hog, Webb, Willacy and Zapata. Aside from these outliers, rates in Texas tend to be moderate and similar across counties.

Texas Medical Association
Texas Department of Insurance
Texas Medical Board
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