New York Professional Liability - 2025 Guide
Physicians in New York face a highly challenging malpractice environment with minimal tort reform, high claim frequencies, and limited insurer competition. The major admitted insurers are MLMIC, EmPRO, and The Doctors Company, supplemented by non-admitted carriers and Risk Retention Groups.
Medical Malpractice Insurance Requirements in New York
New York does not mandate malpractice insurance, but most hospitals and facilities require coverage. Common limits are $1.3 million per claim and $3.9 million annual aggregate. The first amount is how much your insurance provider will pay per claim, and the second amount indicates your annual limit.
Occurrence vs Claims-Made Malpractice Policies in New York
Occurrence policies are prevalent in New York, covering incidents that happen during the policy period regardless of when claims are filed. This reduces the need for tail coverage and is a distinguishing feature of New York's market. Claims-made policies also exist but are less common.
Coverage applies to incidents that occur during the policy period, regardless of when the claim is filed.
Coverage applies to claims filed during the policy period, requiring tail coverage for future claims.
Leading Medical Malpractice Insurance Companies in New York
In addition to the below insurers, DocShield typically provides your practice with quotes from several other highly rated insurers. Ratings provided by AM Best (the leading insurance credit rating agency).
MLMIC
The Doctors Company
Coverys
PRI
Malpractice Insurance Cost in New York
The data below represent undiscounted premiums. DocShield is often able to save practices 30-50% relative to these rates.
| Medical Specialty | Average Premium | Lowest Premium |
|---|---|---|
| Anesthesiology | $39,300 | $6,651 |
| Cardiovascular Disease - Minor Surgery | $35,100 | $8,880 |
| Dermatology - No Surgery | $12,000 | $2,043 |
| Emergency Medicine | $46,500 | $12,314 |
| Family Practice - No Surgery | $25,200 | $4,945 |
| Gastroenterology - No Surgery | $29,900 | $6,517 |
| General Surgery | $108,200 | $20,195 |
| Internal Medicine - No Surgery | $23,700 | $6,072 |
| Neurology - No Surgery | $27,400 | $6,651 |
| Obstetrics and Gynecology - Major Surgery | $161,900 | $30,680 |
| Occupational Medicine | $25,700 | $2,892 |
| Ophthalmology - No Surgery | $10,600 | $1,798 |
| Orthopedic Surgery - No Spine | $104,900 | $16,187 |
| Pathology - No Surgery | $21,900 | $4,337 |
| Pediatrics - No Surgery | $16,300 | $3,296 |
| Psychiatry | $11,200 | $1,798 |
| Pulmonary Disease - No Surgery | $25,700 | $6,234 |
| Radiology - Diagnostic | $52,100 | $7,931 |
Working with Medical Malpractice Insurance Brokers in New York
A licensed broker can help you navigate the administrative work involved in getting quotes and the nuances of choosing a policy that fits your particular practice. Importantly, brokers work for you, not a single insurer, so they can shop across multiple insurers to find you the most competitive premium for a high-quality policy.
Buy Affordable Malpractice Insurance with Docshield
We've built the fastest application process in the industry so you don't have to disrupt your schedule to shop for coverage. After you select a policy, we automatically scan the market every year before renewal to ensure you're paying a fair price.
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New York Statute of Limitations
New York has a two-year-and-six-month statute of limitations from the date of the alleged negligent act or last treatment. Exceptions include a one-year limit from discovery for foreign objects and special provisions for misdiagnosed cancer. Additional nuances apply for continuous treatments and minors.
Tort Reform in New York
New York's tort reforms include: i) a cap on punitive damages tied to compensatory damages, ii) a sliding scale for attorney contingency fees that decreases with higher awards, iii) requirements for expert witnesses to be licensed in the same specialty as the defendant, and iv) support for alternative dispute resolution pilot programs aimed at reducing litigation.